Talk About The Our Country Housing Endowment Legal Issues Research

Retirement with the house-for-person program in the western developed countries has become a multi-level old-age security system is an important part of the more structure. In China many years ago has been introduced to the concept of the house-for-person program endowment, some market institutions actively try to start some business, in the public opinion guide and provide the basis of the accumulation of experience. In recent years, China’s aging speed, degree of homes generally have increased significantly, there is real demand in the family, house to pilot the system of the basic conditions have been mature. However, when the traditional concept of retirement and the house-for-person program are facing the reality of conflict, property right period, lack of fluctuations in prices and related supporting institutions are also highlighted.On July 1,2014, Beijing, Shanghai, guangzhou, wuhan’s official pilot two-year house-for-pension program. This is added to the current person system. The house-for-person program and reverse mortgage loan to separate the useful value and the value of the house-for-person program, that we can live in the old house as usual, enjoy its value for use, at the same time will foreign houses can realize the value of the person use. so as to achieve the aim of reservation.About the house-for-person program, many foreign countries and regions have made some attempt, and in constant revision, further perfecting the system for sure. Actually in our country, because of the influence of traditional concepts, the present legislation is blank on the house-for-pension program, just released "guidance on carrying out a reverse mortgage housing for the elderly pension insurance pilot", by the China Insurance Regulatory Commission is only as a kind of insurance products. In view of this, this article take "retirement with house in our country legal system research" as the subject, try to learn foreign experience in related legal system about retirement with house, on the basis of analyzing present situation and problems in the system of our country’s retirement with house, on how to build our country legal system of retirement with house own preliminary opinions are put forward.Full house to endowment as the core, which is divided into four parts:The first part, mainly interpret to the concept of house-for-pension program, theoretical basis and realistic significance. In the house-for-pension program is the housing mortgage combined with lifetime pension annuity insurance business person insurance business, which has complete property rights of the old house, its property mortgaged to the insurance company, continue to have the rights of the housing to possess, utilize, profit from and subject to consent by the mortgagor shall enjoy the corresponding part of the disposition, and in accordance with the contract conditions person until die; Insurance company, after the old people die for mortgage property disposition, disposal income will give priority to pay endowment insurance related fees. In addition to the house-for-pension program for promoting the development of the insurance market, the sale and purchase market, maintaining the order of the relevant market and perfect social security system has great realistic meaning.The second part, this paper discusses mainly the relevant system and draw lessons from abroad to housing endowment. In this part, introduce the United States, Canada, Taiwan’s house to the pension system. In these countries and regions to housing endowment system is studied based on the analysis of the investigation, to determine the right attitude towards the house-for-pension program and related experience worthy of learning, to support the construction of house to pension system of our country.The third part, mainly aimed at our country to room through theoretical analysis, the present situation of the house-for-pension program, including the present situation of the house-for-pension program of our country to room, problem and reason analysis. About the house-for-pension program in our country in the legislation, relatively clear attitude is released on June 23,2014 the China insurance regulatory commission about in the old housing reverse mortgage endowment insurance pilot guidance ". Practice only on the four specific pilot cities. Blank and the imperfect of legislation and system, for borrowers, lenders, and social stability will bring the influence of different level to social aspects.The fourth part is the core part of this article, mainly try to construct legal system of our country’s retirement with the house. House to pension system of our country mainly include of retirement with the house of subject, object, and the main rights and obligations of both parties. Must first clear to the house-for-person program is the behavior of the borrower, the lender. Second, to explore both sides of the rules to the house-for-person program to keep the main rights and obligations. Again, in order to guarantee the procedural justice of the law, to the house to endowment to prepare the relevant procedure of demarcation. Finally by setting the multi-level structure more accountability mechanisms to ensure the effective implementation of the pension system in room.