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Public Rental Housing System Research

Posted on:2013-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:X X HeFull Text:PDF
GTID:2246330395988489Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The legal construction of national public rental housing system is relatively lagging.Regulations and legal norms are not yet made. Basic Housing Guarantee is missing. Centralauthorities release documents through the guidelines and notices given by AdministrativeDepartment of State Council, including Guidelines of Accelerating Public Rental Housing,Notice of Supporting the Construction of Rental Housing and Preferential Policy on RevenueTaxes, Notice of Regulating and Controlling Uses and Construction of Real Estate and Noticeof Using and Regulating the Funds of Indemnificatory Apartments Project, which have a lowlevel of legislation. Local rules made by Local People’s Congress and Standing Committeeconsist of Regulations of Shenzhen Indemnificatory Apartments, Regulations of Xiamen SocialIndemnificatory Apartments and so on. Local government regulations include Regulations ofPublic Rental Housing in Jiangsu, Temporary Regulations of Public Rental Housing in Jilin,Regulations of Public Rental Housing in Hebei, Regulations of Public Rental Housing inGansu, Regulations of Public Rental Housing in Qinghai, Regulations of Public RentalHousing in Chongqing, Regulations of Public Rental Housing in Tianjin (Trial), Regulationsof Public Rental Housing in Beijing (Trial), Regulations of Public Rental Housing inShenzhen, and Regulations of Public Rental Housing in Hefei Open Economic Zone andIndustrial Park. Other documents are Regulations of Applying, Examining and RentingPublic Rental Housing in Beijing, Temporary Regulations of Rent on Public Rental Housingin Fujian, and the like. As is seen from the above regulations, our local laws and regulationsare rather disorganized, lacking in unity and consistency, and the relative sound sets of system.Institutionalization is inevitable in the process of Public Rental Housing being carried out.Public Rental Housing, the Project of People’s Livelihood which is very urgent to bepromoted throughout the nation, should be based on the consistent and normative law system,and comprehensive, organized and thorough theoretical research.The theoretical research on Public Rental Housing system in China mainly lies in theframe of social security, with few particular papers. Besides, the studies are practicallyrestricted to public policy, economics and sociology, while few from the perspective of law.Some experts give a full arrangement and evaluation of changes in speculating about thehousing guarantee in China’s towns and cities since the nation was founded, from which they explore the historical experiences suitable to the system of indemnificatory apartments underthe condition of socialist market economy. Some other focus on the supplying formats ofaffordable housing and low-rent housing, pointing out that the housing problem of sandwichclass should be stressed, but fail to put forward the establishment of public rental housingsystem. There are also experts give suggestions about the design and construction of financingmode in an economic way, from the perspective of the financing mode of public rentalhousing. However, the whole logical frame of public rental housing system is not establishedowing to its relatively narrow angle.Dwelling is the instinctive pursuit of human race. Housing guarantee system is made toassert the basic living rights of middle and low income class, which is also the focus of theattention worldwide. As an crucial chain of making up the insufficiency of housing guaranteesystem, public rental housing system is to solve the housing problem of sandwich class whoare excluded by the current housing guarantee system and get no market access to apartments.This essay focuses on the mode of Chongqing, where public rental housing develops thefastest, and construction of the system is relatively complete from the perspective of law, inorder to give clues about the institutionalizing construction of public rental housing systemfor the nation.The essay is composed of four parts, with38thousands words.The first part studies the theoretical issues about public rental housing system. Publicrental housing is guarantee housing which is supported by government, invested and ownedby government or other organizations and limited in the area and rent of the apartment for thebenefit of groups having difficulty in renting a house. It has four basic properties which aresocial security, quasi-public, the transitional and recycling of protection and limited transferof property rights. By illustrating public HDB system of national and provident fund inSingapore, public housing system of Public Treasury and Corporation and Public in Japan andHong Kong’s public housing system of Government-led and Land public and Dual track,feasible suggestions are given. The current normative documents and local practices indicatethat our public rental housing system is lack of institutionalization and unity amongregulations in different places. Besides, the systems differ greatly from each other and areextremely disorganized. Analyze the distinction of public rental housing and low-rent housingand affordable housing, and make clear that public rental housing plays a very important rolein completing housing supplying system. The second part focuses on the systematical construction of public rental housing inChongqing Mode. Under the circumstance of limited supply of guarantee housing, Chongqingplans to build40million square miters of public rental housing during3years. Chongqinggovernment issues normative documents such as Temporary Regulations of Public RentalHousing in Chongqing, sets up the Administration Office of Public Rental Housing, builds thearea3quarters of the whole planned. By elaborating about six basic contents of public rentalhousing system in Chongqing, which are construction mode, the access mechanism, operatingmode, the exit mechanism, management mode and monitoring mechanisms, this part gives afull picture of the unique systematic frame of public rental housing in Chongqing Mode.The third part evaluates about the public rental housing system in Chongqing Mode. Thispart concludes about the systematic innovation of Chongqing Mode, including the concept ofTwo-track housing supply, the basic principles of government-led, public property rights, thehousing guarantee system of Three Rooms as A Whole, the financial support of the ThirdFiscal, large scale of construction and mode of building with no different ion, and the break ofcensus register limits. In addition, it argues about five systematic flaws of Chongqing Modeincluding the lack of legislation to protect, unstable financing channels, audit procedures thatare not tight, rent set "one size fits all" and construction plan not fully reflecting the demand.It points out Chongqing Mode is not universal, but provides a feasible Intercity Mode for thepublic rental housing system.The fourth part tells the construction of public rental housing system in China andmainly concentrates on the legal construction and according systematic construction of publicrental housing. In terms of legal construction of public rental housing, it issues Basic HousingGuarantee to construct the frame of the national housing guarantee system, and publishesRegulations about Public Rental Housing bringing up six schemes including regulatingsystem, ways of guarantee, housing sources and fund-raising mechanisms, entry and exitmechanism, rent setting mechanism, supervision and management mechanism to establishlegal system of public rental housing. In terms of the according systematic construction, in theway of bettering fiscal and tax system, financial system and land system, and buildinghousing census statistical system and the personal credit system, it solves the problems relatedto finance and land confronted by public rental housing system.This essay gives definition and properties of public rental housing, and conclusionsabout successful experiences from three Typical Paradigm public housing systems, and highlights the unique function of public rental housing through comparison. It mainlyillustrates about Chongqing Mode by empirical analysis, and gives an objective evaluation.Also, it raises the detailed scheme on the construction of legal public rental housing and theaccording systems. The most innovative part of this essay is its great importance in localfeatures. Chongqing, as one of the trial cities in public rental housing, is carefully studied. Theelaboration about the basic contents, particular paradigms, and the merits and flaws makes theconclusion very valuable. However, public rental housing system is not a exclusive system.The difficulty lies in how it is linked up with other systems when it’s carried out. As aburgeoning system, public rental housing system is carried out only for a short period of timein China, so that the problems are still not fully exposed. Apart from that, the limitedtheoretical knowledge of the author and time spent on this study also renders many viewsimmature. In short, the development and improvement of public rental housing system in ourcountry still calls for further studies.
Keywords/Search Tags:Public Rental Housing, Housing Guarantee, System Housing Rights, Chongqing Mode
PDF Full Text Request
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