Exploration On The Legal Nature Of Property Rights Of Housing Accumulation Fund System

Housing public accumulation fund system is not only a product of the twentieth century housing financial system reform in our country, but also an important long-term supportability system designed for improving the staff living conditions and guaranteeing citizens’right of residence. From the status quo of Nanjing Housing accumulation fund system implementation, not only the personnel of decision-making bodies in Nanjing housing accumulation fund don’t meet the requirements specified by the Fund Management Ordinance, but also the fund loans policy changes over the national real estate regulation policies, which cannot safeguard workers equal access to the fund load to buy housing. According to the Fund Management Ordinance, government, workers, employers have different rights (force) in this system:the government controls the implementation of the accumulation fund system but lack the corresponding responsibility mechanism, while workers’rights have been seriously limited and their status tends to be marginalized. From the following powers:possess, utilize, profit from and dispose of the belonging, the housing accumulation fund is the mixed property rights limited by the intrinsic power, namely the accumulation fund of the scattered powers belonged to different main bodies and is subject to these bodies. From the perspective of property right sums up the problems of Housing accumulation fund system in our country:the composition of the decision-making body cannot protect workers’rights, unfair loans policies basis and the result of the implementation of housing accumulation fund system violate the principle of equality. Through reforming the personnel of the Housing accumulation fund decision-making bodies, making it clear that fund loans policy should be based on the interests of workers, establishing the mechanism that workers check and balance the power of the government, establishing the system which could make each worker benefits from this system equally, we can improve the housing accumulation fund in our country.