Legal Research Of Public Rental Housing In China

Public rental housing is a new way of indemnificatory housing in China. The state hasnot issued any law or administrative regulation about it. As its upper law,"IndemnificatoryHousing Law" has not enacted yet. Only Housing Construction Department, Developmentand Reform Commission, Ministry of Finance and other seven ministries and commissionsjointly issued "The Guiding Opinions on Speeding Up the Development of Public RentalHousing ". However, there are many regulations in local cities. Such as "Chongqing PublicRental Housing Administrative Measures","Beijing Public Rental Housing Administrativemeasures (On Trial)","The Executive Opinion of Shanghai Developing Public RentalHousing ","Shenzhen Public Rental Housing Administrative Measures ". But their effect islow and the rules are different from each other. There are also many problems in practice.Such as, high rents lead to the flats emptied; Rent to talents to occupy the limited housingresources; Unclear procedures and excessively light illegal responsibilities lead to cheatingphenomenon, etc. The theories of the public rental housing mostly stay in policyinterpretation and system introduction. Such as put forward the basic concepts, introduce thecontents of main legislation and compare approximate system in foreign countries, etc. Thisthesis makes a systematic discussion from theory to practice, and design a legal system onpublic rental housing which is according to our national conditions.This thesis amounts to forty-one thousand words, and divides into four parts:PartⅠThe fundamental theory of the public rental housing. This thesis argues that, thepublic rental housing is a kind of indemnificatory housing, which is provided lands, funds andother policy supports by government, through strictly review and rent procedures to lease flatsor offer rent subsidies to low-income. It has characteristics of finite, open, quasi public,non-profit, state intervention and social security. The development of the public rentalhousing closely links with the housing system reform and housing guarantee system in China.Compared with the low-rent housing, it covers wider people, and offers better livingconditions. Compared with affordable housing, it cost lower, and mechanism is moretransparent. Its legal basis exist interdisciplinary, including the need of the state interventiontheory of the economic law, the equality theory of the civil law, the government’s limitedpower theory of the administrative law and the justice theory of law’s philosophy, etc. Part Ⅱ Main patterns public rental housing of China. This part specially selectsChongqing, Beijing, Shanghai, and Shenzhen, as model to analyze. The Chongqing mode asgovernment leading is highly efficient, wide and easy to form "double track" housing supplysystem, but there are problems of excessive intervention to market, capital shortages andunclear property ownership. The Beijing model with independent of the unit has social forces,light the government’s burden, but it transfers the government responsibilities, influencesenterprise production, and makes the public resources to variable welfare. The Shanghaimodel with market leading is independent, capital operational and specified, but the range istoo wide, the standards are different and rent is rather high. The Shenzhen model combinedrent and currency subsidies together, is flexible, but offered to the talents occupies the limitedprotection resources.PartⅢ Analyze the key contents of public rental housing. This part analyzes the wholesystem including land support, flats supply, financial resources, object, standard and the rentprices in six aspects. Analysis the transfer, lease and other land offering ways; Construction,conversion, purchase, lease and other flats supporting way; Financial investment, financialcapital operation, and operating income as fund sources; Aborigines, floating population andother special security object; Housing standard, decorating standard, supporting facilitiesstandard and other specific security standards; And government investment, social capitaloperation, withstand degree of the lessee, the market price level and many other factors on theinfluence of the redefinition of the rent.PartⅣ Construction the public rental housing legal system in China. Elaborate fourproblems may facing: suitability, effectiveness, sustainability and the institutional alienationSummarizes the successful experience of Hong Kong public system as a reference; Thespecific scheme: in the system structure, merge the low-cost housing with public rentalhousing, form indemnificatory housing system with rent and monetary subsidies together, andform "double track" housing supply system; In the legislative level, the national need to workout unified housing security legislation, the locals set up special regulations and specificoperation norms; Establish four basic principles including insisting on social security, thegovernment leading, social participation, fairness, justice and openness, persistent; Aroundthe planning and construction mechanism, access and withdrawal mechanism, rental andmanagement and supervision and responsibility mechanism, the other supporting mechanismand design the construction of public rental housing system. On "The Public Rental Housing Legal Research” as its topic, this thesis makes a series ofsystematic analyze and research about the public rental housing from theory to practice, withthe research methods of comparison analysis, empirical analysis and historical analysis andvalue analysis, etc. The theoretical significance lies in proving the its legal theory, and itsrelations with other housing safeguard way, so as to establish multi-tiered and seamlesshousing guarantee system for our country; The practical value is that summarizing theexisting typical models, and finding the common one which is suited to the nationalconditions and economic of China. Because of the changing policies, the author hasimmediately corrected as far as possible, but still can not completely catch up with therealization.