Research The Real Right Alternation Of The Affordable Housing Of Property Right Pattern

For protecting the basic living rights of citizens, our country have established theconstruction of affordable housing since the90’s of last century, after more than ten yearsdevelopment, we have got some achievements, but there are still many problems. The realright alternation of the affordable housing of property right pattern is one of the seriousquestions, due to the lower ranks of law is used to regulate these questions, when the lawconflict with other higher ranks of law, it is difficult to adjust them. In jurisdiction area, therewill find different decisions although the case is the same. The “power rent-seeking” could beseeing everywhere because of the lack of current legislation. Lots of financial avenues whichare provided by the government have lost, the origins of the affordable housing havedisappeared, and the lack of legislation should be improved promptly.The focus of the essay is the apply of the traditional civil law theories, study the seriesquestions about the real right alternation of the affordable housing of property right type,include the particularity of the real right alternation between the affordable housing and thecommercial residential building, the similarities and differences of the real right alternation ofthe affordable housing between the pattern of limited property rights and common propertyrights. The essay is divided into four sections:Part one, the particularity of the real right alternation of the affordable housing ofproperty right type. The kinds of the affordable housing of property right type includeeconomical and practical housing、price-limited housing、units in fund-arising cooperativehousing and so on. Compared to the real right alternation of the commercial residentialbuilding, the real right alternation of the affordable housing has at least two differences,which are first assign to the buyers when they are built over and when the time it could sell tothe society.Part two, the real right alternation of the affordable housing of the pattern of limitedproperty right. Buyers who have limited property right have some restrictions when they wantto seek profits or dispose of the room, the limited property right belongs to the ownershipwith some limits, it doesn’t violate the principle of statutory real right. The contract whichhappens in the situation of transfer the affordable housing of the limited property right patternin the time that do not permit to transfer is valid, however, we have to distinguish the conditions whether it will take the effect of real right alternation. The affordable housing oflimited property pattern could be inherited as heritage.Part three, the real right alternation of the affordable housing of common property type.The definition of the pattern of common property right is the property right is shared by thebuyer and the government according to the copies they have. Due to the plenty ofdisadvantages of the pattern of the limited property right, Execute the common property rightmode can develop more affordable housing’s safeguard function, and to a greater extent toreduce or even eliminate the “power rent-seeking” phenomenon. The ownership of the roompossesses the housing equity share according to the price it spent in proportion of the wholeprice of the room. Compared the 《Real Right Law》with the 《Draft Of the Basic HousingSecurity Regulations》, as far as the author concerned, the debt relation caused by thecommon property room, the covenants between the government and the buyer prior to otherregulation, the buyer shall take the responsibility when there’s no agreement or theagreement is not clear, therefore, article29、article36of the 《Draft Of the Basic HousingSecurity Regulations》 could be modified. The real right alternation of the pattern of thecommon property right affordable housing also needs to distinguish the situations. Theaffordable housing of the common property pattern could be inherited as heritage.Part four, the advices of improving the regulations of the real right alternation of theaffordable housing of property right pattern. We have to enact 《The Security Law of theaffordable housing》, which can assure the real right alternation of the affordable housing ofproperty pattern will be protected by the law. We have to write the pattern of the commonproperty right into the law, the property right is shared by the buyer and the governmentaccording to the copies they have. The tenant in the pattern of the rental affordable housingcan apply for the purchase of rental housing as long as they have lived in the house for someyears, the property right is shared by the buyer and the government according to the sharesthey have.