The Public Housing Tenancy

Since the reform and opening-up, our country has had a number of innovations inall aspects of society,explored new ideas, promoted economic development, and maderemarkable achievements. At the same time,the society has made great progress andimproved people’s living standards. Democracy and the rules of law are constantlyimproving. However,we should also see that as the country constantly adjustrelevant policies to promote the healthy development of the real estate market,anumber of outstanding issues, especially in the reform of public housing, has emerged.The public houses are related to the livelihoods of low-and middle-income families.The slight change of national policy will have a significant influence on their owninterests. So they pay great attention to these issues. So our country is very cautious toadjust public housing policies,and it has made a series of laws, regulations andpolicies. However,some policies have principles. It is impossible to havecomprehensive regulations for every specific situation. So it is inevitable to encounternew conflicts in dealing with the problem of public housing. Shanghai is in theforefront of social and economic development, where the cost of living is very high.People give great concern on the public housing issues and the conflicts arerepresentative. In order to solve these issues properly,Shanghai has promulgatedrelated regulations for many times,which provide references for courts and alleviatethe conflicts of public housing problems to some extent. At the same time,accordingto the actual situation of the local,other cities have made a number of policies. However,because of the indistinction of the legal nature of the public housing andlack of a unified legal norms and the referee standards in these files,there are so manyproblems in practice. For example, public housing tenancy sale and inheritance;Whenemployees leave, whether the property unit could regain the public houses theybought at a low price or not;the position of the lessee in Public housing demolitionresettlement;and how to safeguard their legitimate rights and interests and so on. If wedon’t deal with these contradictions and disputes immediately and safeguard thelegitimate rights of the parties concerned,the social harmony and stability will beaffected. This paper will analyze the related issues about the public housing tenancyin the legal nature,trading, reciprocity and inheritance, divorce and resettlement.