A Research On The Modification Of The Subject Of The Public Housing Usage Right

Public housing is an outcome of the national planned economy. At the time, as anecessary means of subsistence, it is controlled by the state,and it has distinctivecharacters of welfare. But with the development of reform and opening up and marketeconomy, the public housing is reforming to be privatization, marketization andcommercialization.Along with the public housing leasing system appear,the publichousing usage right has several decades up to now.But because of its generalcommercial housing lease of an difference, the academic circle always has somediscussions about the nature of the public housing usage right.In practice, judgingwhether the nature of real right or creditors of the public housing usage right willdirectly affect the settlement of the related problems about the trades and inheritancein the modification of the subject. The author recognizes the nature of the publichousing usage right belongs to usufruct. This conclusion is applied to the settlementof the related practical problems about the modification of the subject of the publichousing usage right. By a comprehensive analyzing, the author hopes to get at the rootof the problem and reduce contradictions in the trades and inheritance of the publichousing process. Here by protect the benefits of the subject and the correlation obligeeof the public housing usage right.In the first part of the paper, the concept of the public housing and the publichousing usage right is defined. As one of usufructs, the author analyzes thecharacteristics of the real right of the public housing usage right particularly. At thesame time, the author briefly analyzes housing reform policy affects the legal systemof the public housing usage right.In the second part of the paper, the author specially analyzes the trades andinheritance on the modification of the subject of the public housing usage right. Thispaper emphatically introduces the theoretical basis, the manifestation, the practicalsignificance and the malpractice analysis for both the trades and inheritance.In the third part of the paper, the author makes a assumption for how to regulatethe forms and processes of the modification of the subject of the public housing usage right in future. How to perfect the protection system of the interests of thetenant of the public housing, common resident and the public system of the publichousing are suggested.