Research On Legal Issues Of The Property Management Of Public Rental Housing

In order to solve the housing problem of "sandwich layer" who cannot enjoy the low-rent housing and economically affordable housing policy and can’t afford to buy commodity house, our country issued public rental housing policy, and various areas began to construct public rental housing on a large scale. Nevertheless, contrast with the functional design, construction level, perfect supporting facilities, the property management of public rental housing is relatively lagging, and year by year it grows bad to worse. Those go against the original intention of public rental housing policy, and impact on the realization of its social effect seriously. Hence, in order to achieve the safeguard function of public rental housing of "live in somewhat, to live better lives", we must speed up the development of the property management of public rental housing.This paper is divided into four parts, for discussing the property management legal problems of public rental housing.The first part sketches out the property management of public rental housing. It mainly introduces the concept and characteristics of public rental housing and its property management, and analyzes the property management legal relation and its characteristics of public rental housing. It also discusses the significance of strengthening the property management. First of all, property management of public rental housing, is refers to the government or the people through the channel such as bidding to entrust property management enterprises who have qualification to manage and service the public rental housing and community. It includes the service for people and the management of property. Secondly, the legal relationship of property management of public rental housing, is the combination of horizontal civil legal relation and longitudinal administrative law relation. Given public rental housing and its property management being different from the ordinary commercial housing, low-rent housing, and economy applicable room, the legal relationship’s characteristic of its property management, which is mainly manifested in the diversity of main body, the compound rights and obligations and the diversity of adjustment means, etc. Finally, strengthening the property management of public rental housing is beneficial to achieve economic and social benefits, to achieve "live better lives", and conducive to community harmony and stability.The second part researches the legal problems which exist in the property management of public rental housing. At present our country has also made certain achievements, but there are still some legal problems in the property management of public rental housing. For example:Law system has defects, such as low legislative level, incomplete specification, high cost of the judicial relief and so on. The particularity of residents and unclear property service standards affect the performance of the contract, which is struggling in hot water. The positioning of the government’s responsibility is not accurate and it lack of responsibility in some respects. Because the role of the autonomous organization of lessee is positioned indefinitely, and the scope of its obligation is not clear too, so the role of autonomous organizations cannot into full play.The third part studies the legal reference of property management of extraterritorial public rental housing. This part analyzes the legislation and experience of property management of public rental housing in Hong Kong, Singapore and Britain. The property management of public rental housing and its legal system in China can draw lessons from their experiences, which include the relations of government and market, legal system, the participation of multiple powers and the construction of community culture.The fourth part puts forward legal advice about how to perfect our property management of public rental housing. For legal issues existing in the property management of public rental housing in China, this part puts forward the legal advice from four aspects. Firstly, for perfecting the legal system, we must develop "The housing security law" as soon as possible, and improve the legislative level. Under the guidance of "The housing security law", we should introduce "The public rental housing property management method" to perfect the related regulations, and to guide local decrees and administrative or local rules formulated. In order to improve the relief mechanism of tenants of public rental housing, reducing litigation cost, we should set up small lawsuit system. Secondly, for promoting the fulfillment of the contract, we need contract content being more perfect, the rights and obligations and service standards being clearer, and the perform actions being more normative. Thirdly, for determining the orientation of the government’s responsibility, we should increase the security support and supervision under the guidance of the government. Fourthly, for perfecting the lessee’s rights protection mechanism, we should locate the lessee committee accurately, clearing its responsibilities, and give full play to the committee of lessee.