Legal Study Of The Privatization Of Public Rental Housing

As a new housing security measure, public rental housing serves as a vital solution to thehousing problems confronted by the “sandwich class”, which refers to people who earn moremoney than the security line indicates but less than commercial apartments cost. Besides,public rental housing in the long run perfects the housing guarantee system and promotes thehealthy development of social harmony in China. Privatization, as a rewarding institutionalattempt which is in accord with the trend of public administrative reform in the modernadministrative state, depending more on non-government institutions than the government tomeet the social needs, has been widely and successfully applied in the field of public services.In the perspective of administrative law, the paper explores the mode of public rental housingwhich is developed and managed under the public-private partnership dominated by thegovernment in order to boost the steady and continuous development of the public rentalhousing and realize its inherent social value.This paper comprises four parts as follows:Part One defines the two terms of public rental housing as well as privatization. Apartfrom that, this part also studies the nature of the former and the category of the latter. Inaddition, the reason why privatization is introduced in public rental housing is also explainedfrom the perspectives of both reality and theory.Part Two demonstrates the institutional impediments to the privatization of public rentalhousing which include lack of sane and effective laws and regulations, mature marketeconomy, and complete social supervision system. Public rental housing is a systematicproject which requires favorable external environment. It is indispensable to analyze theseimpediments in order to get effective solutions.Part Three presents the experience we can learn from developed countries and regionsthat are successful in the privatization of public rental housing. It is an effective approach forChina, a beginner in public rental housing, to make admirable progress if it uses the advancedexperience from developed countries as reference based on the national conditions.Part Four illustrates the administrative and legal system design for public rental housing.It is an interdisciplinary study in the privatization of public rental housing, and this paperfocuses particularly on the institutional construction from the view of administrative law. Institutional construction will provide favorable external environment for the privatization ofpublic rental housing, including apposite privatization patterns, appropriate functions of thegovernment, and procedural support and right relief in the process of privatization with thefunctions of the government and right relief being the decisive factors.