China's Urban Housing Security System Research

The reform of housing system that began from the mid 90's in last century brought an unprecedented historic change, and the government relocated its role and changed the behavior pattern on this issue.But according to the visual angle of administrative law, the housing system of China seems to be face the contrary theory:On the one hand, the housing system reform takes marketization as a mindset and emphasizes that the nation is not the feeder and handler of civil housing any more, but the one who adjust to control of housing market, therefore, compare to the central planning age, the government should be limited but not omnipotent, exiting from the realm of big parts of housing market;But on the other hand, the survival of the fittest which brings along with social economy's development as well as the market free competition, the government undertake more and more responsibility even if has not undertaken in the planned economy time. The responsibility that provides "the survival attendance "for the citizen includes:the public health system, the environment and the resources protection, the social security and so on, namely so-called service-oriented administration.Manifests in the housing issue, expands along with the income differential, and the price of commercial housing dramatically rise, the situation of city low income community's housing is increasingly serious. The housing security system for the city low income community become the important component of the survival attendance.In view of the fact that the present administrative law educational circles did not pay attention to this question, and this article will carry on the preliminary discussion regarding this."The foreword", is mainly defines clearly the basic concept and the main feature of the housing security, and reviews the course of our country's housing system reform, establishes the article's discussion mentality, The full text regarding the subject of housing security system, and the relationship of both sides rights and obligations carries on the elaboration.The first part, "the government responsibility in city housing security system". This chapter mainly proves the validity and the inevitability of government responsibility through the angle of view of service-oriented administration. Through the review of service-oriented administration's origin, the discussion of service-oriented administration's scope, proved that the indemnificatory housing belong to the public product, and the housing security is the important content of service-oriented administration.The second part, "the rules and regulations of the act of government in city housing security system".This chapter mainly discuss the main principles of legality of housing security system, which establish the corresponding limit for the act of government. Based on the distrust to the government authority and therespect to the rights of citizens,we must be vigilant to the dissimilation of government authority in the housing security system. This chapter analyses four kind of dissimilation which would happen in the housing security system, which could be prevented by the auxiliary principle and the proportion principle of administrative law, and then proves the rise and use of housing security fund under the proportion principle.The third part, "the rights of counterpart in city housing security system". This chapter mainly discuss the scope of the counterpart,the rights of counterpart, and the way of relief for the counterpart's rights. Through promulgates the content and the attribute of counterpart's right, this chapter advocates that the protection of housing rights should be carried out by the administrative safeguard primarily, and establish and consummate the executive accountability system, simultaneously take legislative safeguard and the indirect judicial relief as auxiliary, forecasts the direct judicial relief for housing rights reasonably.The fourth part, "the suggestions to consummate the city housing security system". This is also theconclusion for this article, namely the city low income groups' housing security is important content of survival attendance, and the government must fulfill this special responsibility positively; Deflagrating the legal status of housing rights is the basic premise for realization of low income groups' housing security. Simultaneously we must consummate the housing security legislation, carry out administration accountability, perfect the channel of judicial relief, and maintain the high vigilance to the government authority, in order to avoid the disassimilation of government authority.