The Legal Regulations On The Use And Exit Of Public Rental Housing In China

House is a safe haven where people settle down and live.With the development of social economy,housing security system in China is being improved.Public rental housing,as the main measure of housing security plays bigger and bigger roles.At present,there is only access but no exit of public rental housing in China.A large number of public rental housing even become private residence,no longer be recycled.The imperfect exit mechanism of public rental housing is undoubtedly the important cause of the phenomenon.Therefore,the research of the exit mechanism of public rental housing has important practical significance.Apart from the introduction and conclusion,the paper mainly includes four parts:Part 1 is about discussion of legal conditions for public rental housing use and exit.Legal conditions for public rental housing use and exit refer to the standards for public rental housing use and exit in laws,which are unified,general,and compulsory.The basic theories of public rental housing use and exit include social security theory,resource finiteness theory,social justice theory,and sustainable development theory.From the perspective of the current situation of legal conditions for public rental housing use and exit in China,there are still many problems:there is no unified legal standards for public rental housing use and exit on the national level.On the local level,local governments act of their own free will,with many issues.Therefore,we should analyze these problems seriously and refer to the beneficial experience of South Korea and Hong Kong to improve.Finally,we should discuss about relevant problems and propose suggestions,including household registration restrictions in exit conditions,rental expiry and relet expiry,sales of public rental housing,and violation of lessee.Part 2 is about discussion of legal procedures for public rental housing use and exit.Exit procedures refer to the sequences,ways,process,and relations in the exit process,which have effects of restriction,orientation,remission,division,and infection.Public rental housing use and exit procedures should be fair,efficient,convenient,and recyclable.However,there are many problems in Chinese public rental housing exit procedures such as rough procedure design and incomplete supervision.In addition,there are deficiencies in details such as lack of accurate time for concrete affairs and nonstandard transitional period.The author proposes the general idea of design of public rental housing use and exit procedures based on practical survey and research and draws the exit procedure diagrams.In addition,the author makes analysis and suggestions about details in procedures,including removing notification,giving reasons,setting the strict inspection system and transitional period,and checking and rectifying the unqualified period.Part 3 is about discussion of public rental housing exit security mechanism.The security mechanism mainly includes use supervision mechanism,user exit reward-penalty mechanism,and mechanism of lessee's personal credit collection and use.The core of use supervision mechanism is to depend on science and technology to build the digital file system and to supervise the information of lessees from multiple perspectives.Personal credit collection and use mechanism is to connect public rental housing use exit situation and personal credit and to restrict lessees' violation behaviors.Reward-penalty mechanism refers to reward lessees who move from public rental housings actively with subsidy and favorable policies for housing purchase and to punish lessees who refuse to move from public rental housings.The mechanism can reduce the obstructions of public rental housing exit and arouse the enthusiasm of lessees on active exit.Part 4 is about discussion of objection handling mechanism for public rental housing use and exit.Disputes can often be seen during the exit process of public rental housing,so the complete dispute handling mechanism is necessary.Lease contract of public rental housing belongs to an administrative contract,so it should be considered in dispute handling and administrative reconsideration and administrative action should be brought into full play.