The Study Of The Legal Problems Of The Housing Accumulation Fund System

Housing is necessities for people, which interests the relationship of people. Broadly speaking, housing security is one of the government should provide public goods. The housing problem has been China's major livelihood issues. In the planned economy period, China adopted the system of welfare housing, and housing was shared as welfares by the urban workers. The drawbacks of this mode of housing security increasingly prominent with the market economy period, and gradually fade from view. On the1990s, Shanghai lead in establishing the housing accumulation fund system, and achieved some success, and then all over the country follow suit. Housing accumulation fund system as an important content of China's housing reforms has achieved significant results, improving the living standards of urban residents. However, the housing accumulation fund system in China is facing an increasing number of disputes even denial. Therefore, the existing housing fund system reform is imperative. The paper study China's housing accumulation fund system with the laws of perspective. The paper use historical research methods, comparative study of methods and systems research methods. In order to improve the legal system of China's housing fund the paper is divided into five sections.The first part traces the development of the housing reserve system background and stages of development. Then the part introduces the basic characteristics of the housing accumulation fund system. This section also elaborates the rights and obligations between the main subjects in the legal relationship of the housing accumulation fund system.The second part discusses the theoretical origins of the housing accumulation fund system in China."The Constitution of the People's Republic of China" provides that "the state respects and safeguards human rights" at the same time, China joined the "Economic, Social and Cultural Rights" in1997,which also provides the right to housing as a basic human right. Therefore, the right to housing is a basic right of citizens. Protection and improvement of housing is a important function for State. The article puts "the state regulation "as the theoretical foundation of Economic Law, emphasizing the country has right to establish and perfect the dominant position of the housing. So the country has legal right to led reform of the housing accumulation fund system. At the same time, the section also describes the theoretical issues of housing accumulation fund system operation.The third part gives a comprehensive introduction to the current legal system of housing accumulation fund and analyzes the legal issues in-depth. China's current legal provisions on the housing accumulation fund system are not perfect, although the State Council, relevant ministries and local government have relevant provisions, but the legislative level is low. Use "Housing Fund Management Ordinance" as a research object, there are many loopholes in the law and legal defects. For example, the housing provident fund legislation is imperfect; in the new era background, the legal system functions of housing fund has dislocation; deposit and imputation link coverage is narrow, high cost deposit, low deposit rates. The use and investment aspects of provident fund are narrow, and value adds slowly. The supervision of severe localization is missed. Legal disputes mechanism lead by provident fund relief is not perfect.The fourth part is related to foreign housing systems. From the development background, the main contents and the basic characteristics, the part introduces the Singapore Central Provident Fund system, housing savings system in Germany and Japan Finance Corporation for the system. Then with the housing accumulation fund system in China, this part extracted worth learning from experiences and learning.The fifth part investigates the perfect of housing fund in China's legal system. First of all, the author think Housing Provident Fund Act is necessary, improving the legal effect level. Secondly, our country should resolve the problems of the housing fund legal system properly and adjust the function of positioning of the housing accumulation fund system. Thirdly, make a reasonable housing fund imputation and paid into the system; promote the rational use of housing provident fund and its preservation and appreciation; improve the housing accumulation fund organization and management system, strengthen supervision and management. Finally, to improve the housing accumulation fund relief mechanisms and include disputes of the housing fund in the scope of the labor dispute, in order to protect the legitimate rights and interests of workers.