Research On Legal Issues Of Public Rental Housing

Housing, is the important material condition for human survival and development, and is the basic means of subsistence for human survival. Not only does it provide people with live, work and rest areas, but also it is an important material guarantee to keep their human dignity, protect their personal freedom and develop themselves. The right to adequate housing is a basic right of the citizens, to respect, realize and protect the right to adequate housing of the citizens is the political responsibility and statutory duty of the state. Therefore, the state establishes low-rent housing and affordable housing for the main component of the housing security system, but they are not going well and there are many problems in practice. These trigger the "sandwich class" problem arises:how to supply indemnificatory housing for the low-income housing difficult families who are not consistent with the security standards of the low-rent housing, and can not buy the affordable housing. In this context, as a kind of new housing security products, the public rental housing begins to appear in some cities of our country, and it injects a new vitality for our country's housing guarantee system construction.However, the theoretical research for public rental housing system in our country mainly focuses on areas of economics and management, and there is still relatively little research in legal field. The legal norms of public rental housing are not perfect, only the Ministry of Housing and Urban released the department regulation "Speeding up the Development of Public Rental Housing Guidance" in June,2010 and some cities enacted local rules and regulations of public rental housing. They generally have some deficiencies such as low legal level, general content, unfair provisions and so on. Therefore, it is necessary to make special study on public rental housing in the legal field.China's public rental housing system appears not a long time, there are many problems in practice, for example, legislative level is low, so that the construction of public rental housing system lacks the authority of the law; the specialized agencies responsible for construction and management of public rental housing is not established, result in the government can't efficiently promote the public rental housing construction and management; the coverage of public rental housing is not wide enough, non-local permanent residents and rural residents are difficult to enter the scope of protection; it also exist defects in admittance, deserve to rent, exit, supervision and other link of public rental housing. This paper contrapose the problems in the construction of China's public rental housing system, make some suggestions to improve the legal system of public rental housing, in order to be helpful to the construction of China's public rental housing system.This paper there are about twenty-three thousand words and it is divided into four parts except the introduction and conclusion:The first part is the basic theory of public rental housing. Through the analysis of the "sandwich class" problem arising, the measures taken by the government to solve this problem, and the problems that still exist, leads to the concept of public rental housing:"The government provides preferential policy, limit area of dwelling size and rental price, in accordance with reasonable standards to raise. It is the rental housing with nature of protection that is mainly provided for low-income families which have difficulties in housing." The public rental housing is mainly supplied for low-income families with difficulties in housing between the scope of the low-rent housing and the affordable housing. The economic base is that in the socialist market economy, the housing problem of residents can not be resolved simply by market means, the state should effectively intervene in the real estate market; especially provide effective protection for low-income families with housing difficulties. Its legal base is that everyone has the constitutional right to adequate housing. The right to adequate housing is not only a basic right that the citizens should have, but also a fundamental obligation of public law that the state should bear. The base of social security law theory is that the state should establish and improve the social security system matching with the economic development level, including the necessary housing security system, public rental housing should become an important component of China's housing security system.The second part discusses the development of public rental housing in our country and its legal norms. This section analyses the construction of China's housing security system after the cessation of welfare housing distribution system, leads to the rise of public rental housing in China and the development in Shenzhen, Chongqing and other cities, and expounds several policies and regulations on public rental housing that some cities enact, there are Beijing, Shenzhen, Chongqing, Shanghai and other cities issue the "management approach" or "the opinions" on public rental housing.The third part introduces the study of foreign public housing law system and its successful experience. Singapore and Hong Kong are the countries and regions whose housing security system constructions are relatively successful. Through the study on HDB flats system in Singapore and Hong Kong's public housing system, the paper summarizes some successful experience that can be learned from the establishment of public rental housing system:to establish a relatively complete legal system of housing security; to give full play to the leading role and security functions of the government; establishment of a special housing security agency, which is responsible for overall co-ordination of housing security affairs; implementation of the dual system of housing policy. Eventually form a "low-end has security, middle-end has market, high-binding" system, gradually realize the housing for full coverage.The fourth part analyzes the problems existing in the legal system of China's public rental housing and makes some suggestions for its improvement. Several problems exist in the legal system of China's public rental housing, such as legislative level is lower; specialized public rental housing management institution is not established; there are different understandings on the coverage of public rental housing; on whether the sale of public rental housing requirements are different. Some advices are made to improve the legal system of public rental housing:improve the legislative level, make the legal norms of public rental housing at a higher level; set up a special organization of public rental housing construction and management; deal well with the relationships among the public rental housing, the existing low-rent housing and the affordable housing; establish a scientific and rational management of public rental housing system.