A Study On The Legal Procedere Of The Government Low-Rent Housing Supplement

In modern welfare state, nearly every improvement in livelihood matters requires active government. In recent years, in order to solve the housing problems of low-income groups, the government proposed to build a multi-level housing security system. Among them, the supplement of low-rent housing is a kind of administrative supply behavior, which has the characteristics of discretion and process. Through the analyzing of21regulations and rules relating to the supplement of low-rent housing, we find that Administrative organs, as the supply side of the public product, have some kind of discretion in the setting and implementation stage of the supply action. If they use it improper, it may cause the abuse of power, even have a bad affection on the interest against low-income groups. Combining with the theory of administration supply, the government low-rent housing setting is based on the people’s business major administration decision-making behavior. Through the text analyzing of17regulations and rules related to major administrative decision-making, the paper hold the view that we should introduce public participation procedures and additional setting mechanism evaluation system. As the result of the grassroots administrative enforcement discretion based on the example of H city, through the empirical analysis, the paper puts up with the suggestion that we should control the discretion of administrative organ through legal procedures, establish and perfect the low-rent housing supply system of procedure control, and eventually promote administration according to law to achieve fairness and justice.The first chapter introduces the related theory of low-rent housing. In the low-rent housing based origin, concept of the comparative study of foreign similar concepts, points out that this article discusses the definitions of low-rent housing and low-rent housing supply behavior. We definite Low-rent housing supply behavior as administrative supply action in administrative law, which has the characteristics of the process and the discretion, in contrast to rule control, judicial control and administrative control of three kinds of control mode, the paper points out the importance and necessity of the legal procedure control for low-rent housing supply behavior.The second chapter analyses the current situation of the setting stage of low-rent housing supplement. Housing is the basic requirement of human life, the setting process of low-rent housing supplement belongs to the major administrative decision-making behavior which involves the vital interests of millions of people, the key link, the weakest part is the public participation, the paper also focuses on the study of this problem. According to government regulations and normative documents of the17Provincial People’s Government, we find many deficiency that the main procedure of public participation is imperfect, lack of evaluation after setting through examination of the level of law, the content of law and the procedure of law.The third chapter is the description of the present situation of the implementation of procedures for the supply of low rent housing. According to government regulations and normative documents of the21Provincial People’s Government relating to low-rent housing, there are basic administrative law enforcement discretion behavior of different degree in the implementation process. By combing the existing legal framework, using H as the breakthrough point, combined with the research, carries on the analysis from the practical implementation of the specific system level. We found the deviation of administrative investigation is not tight, information disclosure is not sufficient, exit mechanism is not clear and supervision are not perfect and other aspects of the implementation.The fourth chapter makes the suggestions mainly from the two aspects of legislation framework and legislation content. At the legislative level, the State Council shall obey the principal of the same level protect, public participation, the duty of government, reasonable protection and multiple-level system, and speed up the administrative regulations "basic housing security regulations" promulgated, the legal provisions to implement the main rights and obligations of the body and the relative person; in the content of legislation, low-rent housing supply should make the procedure of public participation well, add the evaluation of the setting system, to control abuse of administrative discretion from the source, let more low-income persons to participate in administrative decision-making process, to ensure proper decision. Low-rent housing supply mainly recommends the implementation of phase from the administrative investigation procedure, explain the reasons, administrative procedures, program tracking and monitoring procedures and multiple exit procedure key program of perfect, promote fair distribution, the implementation of "social goal of home ownership".