Research On Legal Problems Of Affordable Housing Finance Lease

This article, through its description on the operations of the indemnificatoryhousing financing lease as well as its description on the rights and obligations of theinterested parties, analyzes the main legal issues involved by the indemnificatoryhousing financing lease. The construction capital of the indemnificatory housingmainly come from the governmental financial fund, the net land revenue, the publicaccumulation funds added value, and the enterprise’s self-financed funds whichaccounts for70%above of the total capital; and in the total enterprise’s self-financedfunds, the loan from the bank accounts for50%, and the remaining funds come fromother financing channels, including the financing lease. The operations of theindemnificatory housing financing lease are divided into two patterns according to theleased objects, one is the pattern for which the stocking house act as the leased object,and the other is the pattern for which the newly built housing or in the buildinghousing act as the leased object. There exist some differences between such twopatterns. For the first pattern, the stocking housing belong to the built housing, whosetitle change formalities can be handled directly; but for the second pattern, the newlybuilt or in the building housing belong to the housing whose construction is notcompleted, and their title change formalities can not be handled, but may be donethrough pre-selling.This article is composed of three parts; the first part introduces the presentsituation of the construction of the indemnificatory housing in our country andanalyzes its financing, namely through stating the advantages held by the traditionalindemnificatory housing financing channels and its defects existed, analyzes in detailthe causes for serious shortage of its financing, and thus demonstrates the significanceof the financing lease for the resolving of construction fund shortage ofindemnificatory housing; the second part analyzes and discusses the two patterns ofindemnificatory housing financing lease, namely the stocking housing financing leasepattern and the in-the-building or newly built housing financing lease pattern, andcompares such two patterns from the viewpoint of the composing elements of theirlegal relations, and in this part, the author also gives her own opinion on the rightsprotection of the parties to the financing lease contract; the third part focuses on theanalysis of a few important legal issues involved by the indemnificatory housing financing lease, including whether the indemnificatory housing can act as the objectof financing lease, whether the indemnificatory housing can be transferred, whetherthe profitability and public welfare nature of the indemnificatory housing financinglease may conflict with each other, and the determination of invalidity ofindemnificatory housing financing lease contract, as well as how to perfect theregulatory control of indemnificatory housing financing lease, etc.Considering that presently the matured and perfect legal system on the financinglease is not yet established in our country, so on the one hand, we shall do our best toresolve the present problems through the existing laws, and on the other hand, thepertinent legislation on the financing lease in our country shall be accelerated in orderto promote our rule of law process.