The Legal Obstacles Of Housing Endowment Insurance And Countermeasures Research

The housing endowment insurance has been promoted in the developed countries for many years. It is one of the important supplements for the pension income, well solving the aging problems of the old especially those who have the independent property rights. The experience of the developed countries shows that the housing endowment insurance is a kind of effective social security form. In China, with the faster rapidity of the population’s aging, the pension problem of the old becomes more and more serious, demographic dividend dropping year by year. Under this circumstance, we should not only break the arranged pattern, but also avoid the pension situation fully borne by the individuals. We are supposed to bring the social funds into the pension channels to ease the embarrassed situation. Such background contributes to the emergence of the housing endowment insurance in China. In recent years, our government has set up panels to study and introduce the pilot scheme. The new kind of the insurance has been experimented in the developed areas of China. We can easily find out that the execution method of the housing endowment insurance is more complicated. Meanwhile whether the social welfare should be included in it is a problem. The formation and the promotion of a system depend on the level of the constitutor and the standard of the plan and disability research.The housing endowment insurance is a part of the market operation. It is the result of the economic and social development to a certain stage. The increasing aging population and the hysteresis quality of the reform of the social insurance system make us to create new pension models. With the increasing pension pressure, the government should pay more on the annuity. In addition most old people’s property is focused on the houses. It is bad to the optimal resource allocation. The housing endowment insurance has a big effect on the current social situation about aging before getting rich in our country. However, this new insurance has come up during the common law system. So how to make it in our country well is a key. It will definitely meet with many barriers and risks. The prerequisite conditions to make sure it will go on wheels in China are to avoid risks and remove barriers.Based on it, this paper analyzes the legal barriers of the promotion of the housing endowment insurance in China. And it puts forward some practical legal counterplans for China according to the advanced models and experience abroad.Besides introduction, this paper is divided into four chapters:Chapter one is the overview of the essay, the definition of the housing endowment insurance and its basic and related legal relations are introduced. Then it analyzes the property of the reverse mortgage loan and concludes that the housing endowment insurance does not have the coerciveness of the social insurance and it belongs to the scope of the commercial insurance. However, it also has the property of the social security. And at last the necessity and urgency of the popularization of the housing endowment insurance in China are described.Chapter two is analyzing the legal impediment for our country to build the housing endowment insurance. Firstly, it analyzes from the effects and the current situation of the four pilot cities in China, which conduct the housing endowment insurance. According to that, we have an idea that the housing endowment insurance of our country faces a series of legal short slab such as the legislation is imperfect, the legacy tax is deficient, the land property right expires in seventy years and the land ownership is dual system.Chapter three is the contrast and reference of the international housing endowment insurance. It introduces the background and development of the housing endowment in the international main countries like the United States, Britain and Japan. From the lessons of success and failure, we should build the housing endowment insurance from our practices and give full play to government functions. Also we are supposed to have full and the rule of law and risk prevention consciousness and have the participation of the intermediary agencies. Then with the method of comparative analysis, we find out which experience and system abroad can be applied to China. All this will be the groundwork of the next part that discusses the specific measures.Chapter four is the legislative idea and other supporting schemes of the housing endowment insurance in China. We need to clear the property and nature of this kind of insurance in the legislation. As we know, if we want to build the housing endowment insurance in China, the key is that there are laws to abide by. Of course, the support of the government is indispensable. In addition, we also need to establish a complete set of legal mechanism, do the quantifications of the insurance products and conduct the product innovations. So there can be more products for the old to choose.The last part is the conclusion, the paper puts forward the prospect of the housing endowment insurance in our country is very considerable, and it has a big market. Our country has already begun to make corresponding changes and improvement of such kind of insurance, so our country’s prospects is very considerable, based on the research of the legal barriers, perfecting the relevant laws and regulations, rules and policies. The housing endowment insurance in our country has a big market.