Legal Research On The Affordable Housing In China

With the social and economic development, people's consciousness of rights rise, the legal system of indemnificatory housing has grown up,which is reflecting people's most basic rights of housing.Countries in the world pay great attention to the affordable housing problem and have established a comprehensive system of affordable housing, mostly in the form of legislation. To safeguard the citizens' rights of housing and living, our government has successively introduced the system of affordable housing, low-rent housing and other housing security policy, which ease the housing contradictions to some extent and Maintain social harmony and stability.Our affordable housing system has achieved some results.However, due to the economic, political and other reasons, China has not yet established a sound system of affordable housing system and an unified legislation on affordable housing.There are also many problems in the practice of the development of affordable housing in China.On the basis of introducing on the foreign related security housing system, based on the situation of our country, author tries to put forward suggestions to improve our country's affordable housing system.This paper is divided into four parts:The first part of this article is mainly about the legal concept and characteristics of affordable housing, the legal basis and the value function and other related theory problems about affordable housing problems. Affordable housing system should have the following characteristics:indemnificatory, Subject of responsibility and subject of enjoyment is special,prescribed by laws, government intervention, Incomplete ownership.The legal theory foundation of affordable housing mainly includes: first of all, on the constitutional level: to guarantee citizens' basic human rights, protect citizens living residence; Secondly, in the level of administrative law: to create welfare government, commit to maintaining basic civil rights; Thirdly, on the economic law level, to strengthen the government macroeconomic regulation and control, promote social fairness; Finally, in the aspect of the social security act: to guarantee citizens' housing demand, maintain social stability. At present, establishing and perfecting the system of affordable housing is quite necessary for our country, because the affordable housing system has especially unique value function which is of great significance to the development of society: Firstly, tit is conducive to the protection of low-income people's basic housing rights of life and maintain social justice.Secondly, it's helpful to attain the goal of social security and maintain social stability; Finally, it's helpful to ease social contradictions and maintain social order.The second part of this article is mainly on the extraterritorial affordable housing system and the advanced experience and lessons which has a very important reference value for our country. German legal system of affordable housing including rental subsidy system, "social housing" system, housing savings system, strict security standards of affordable housing and paying attention to the construction of related facilities and location, etc; Japan's affordable housing system mainly includes providing public housing, public housing construction, housing preferential policies,clear definition about entry and exit mechanisms of affordable housing, public housing subsidy system, etc; The legal system of affordable housing in the United States mainly includes the following contents: the perfection of the legislation, the perfection of the housing finance system, the housing subsidy policy, the tax deduction, etc.Singapore establish the its affordable housing system mainly through the implementation of the housing accumulation fund system, public housing subsidies classification system, public housing reasonable placement system, the government's co-ordination for the construction of public housing and other institutions.Through the introduction of national affordable housing system, we find some common problems among its advanced system of affordable housing: First, the perfection of the legislation system of the affordable housing is essential for the national affordable housing system; Secondly, they all promote the country's affordable housing system through the establishment of housing finance system;Thirdly, all countries have set up strict security housing access procedures and exit mechanism;Fourthly, the establishment of housing provident fund system helps a lot; Finally, all counties attend to ensure multi-level security level and diversified security mode.In this paper, the third part is mainly about the current situation of the developments of affordable housing system in China and the problems existed in affordable housing system. The author attempts to introduce our counties' affordable housing system from the following two aspects: the current situation of legislation about affordable housing system and the current situation of the system of the protection of affordable housing.China's affordable housing construction has achieved good results, but there are still many deficiencies: First, uniform legislation on affordable housing is not perfect, related legal system is not sound; Secondly, access mechanism and exit mechanism about affordable housing is not perfect; Thirdly, the government functions in the process of the achievement of affordable housing is missing;Finally, the related supervision mechanism of the legal system of affordable housing is not sound.In the fourth part of this article,in order to improve our legal system of affordable housing,the author tries to give some personal suggestions to help solve the above-mentioned problems of affordable housing system, based on China's national conditions: Firstly, we should develop a special "Housing Security Act", at the same time,we can combine the entire legal system of affordable housing so that we can establish a sound legal system of affordable housing; Secondly, to establish a strict entry and exit mechanisms about affordable housing system. On the one hand, we can set up a strict and perfect affordable housing access mechanism through the establishment of a sound and accurate economic information announcement systems approved by the applicant, specialize affordable housing application and review mechanism and set relatively demanding affordable housing access system liability provisions; on the other hand, to establish strict security housing exit mechanism through the establishment of a dynamic regulatory mechanism to dynamically supervise and audit the economic situation of households, the establishment of specialized agencies responsible for the protection of housing from the work, the establishment of compulsory withdrawal mechanism and other measures;Thirdly, trying to strengthen government functions through setting up special housing management authority, setting up housing performance evaluation and appraisal system and keeping government's affairs on affordable housing public.Finally, providing a clear subject of supervision for affordable housing and establishing a sound supervisery mechanism for affordable housing system and achieving the perfect convergence of affordable housing access and exit mechanism.