Research On The Chinese Legal System Of The Urban Housing Security

The urban housing security system is closely related to people’s livelihood and it decidesthe sustainable and stable development of the whole society. During the planned economyperiod, by relying on the government’s "visible hand" of intervention instead of the marketconfiguration, we were under the urban housing security system of the housing benefitsdistribution. When the socialist market economic system was put into practice, our urbanhousing system also went through reform. The government intervention is greatly reduced, sothat the "invisible hand" of market was into full play, promoting the unceasing enhancementof our housing commercialization and marketization, and the diversification of the urbanhousing supply system. Compared with foreign developed countries and regions, urbanhousing security system in our country started late. What becomes the most urgent problemsto be discussed and solved in the law circles, especially the economic law area are that how toproperly handle the relationship between the government macroeconomic regulation andrespecting the market rules, giving market the full play in the allocation of housing resources,and promote the construction of a fair and efficient urban housing security system accordswith the actual situation of our country.From the perspective of the economic law and how to maximize both the role of thegovernment support and market allocation in the housing security, firstly, the authorelaborates the connotation and extension of the economic law of urban housing security byway of the qualitative analysis, clarifying the relationship of the parties and the boundarybetween the government and the market. Secondly, based on the domestic related literatureand our experience and lessons in the exploration of the urban housing security system, theauthor tries to use the empirical analysis method to reorganize our current urban housingsecurity legislation, and to analyze the main problems existing in the current urban housingsecurity system. Thirdly, through accessing to the relevant foreign literature, the articleattempts to summarize on the successful experience and beneficial methods suitable forChina’s actual situation in terms of the foreign housing security legislation practice by way ofthe comparative study and literature research, and finally puts forward the legal path ofimproving China’s urban housing security.At present, China has initially formed the urban housing security system to theapplication of the economic housing system, low rent housing system, public rental housingsystem and housing subsidy system as the main content, however, the current legislation is still in the level of administrative regulations, departmental rules and local governmentregulations. Concerning the report of the18th CPC National Congress on the requirement of"Establishing the combined housing system of market allocation and government support, andstrengthening the indemnificatory housing construction and management", this article startsfrom the pursuit of substantive justice and the overall interests of the society as the basicvalue of economic law, combines the government support and the market allocation,strengthens the interaction between the two in the housing security. Besides, through buildinga sound urban housing security legal system, clarifying the government’s support obligationand the market allocation function, making innovative movements to the investment andfinancing mechanism and actively developing the rental housing market, in order to improveour urban housing security legal system.This article actively learns from the successful experiences of foreign legislation inforeign countries and regions, and takes China’s actual situation into consideration in order toput forward some suggestions regarding how to improve the urban housing securitylegislation system of our country, with the hope of meeting the basic needs of the residentswho have housing difficulties and meet the housing security conditions, realizing the housingsecurity fairness, efficiency and order, improving the living conditions of urban residents aswell as promoting the balance between the economic and social development by thesophisticated urban housing security.