The Legal Regulations Upon The Access And Distribution Of Public Rental Housing In China

Housing as a safeguard citizens' basic living space resources,it has not only right of material,but also the spiritual protection.The emergence and development of affordable housing comply with the progress of social security system.At present,with the development of urbanization process,the problems existing in the housing system is becoming more and more prominent.On the one hand,the low-income groups is difficult to live in the cities.On the other hand,housing has become investment speculation in commodities among part of the class.That makes housing can't play a proper role,and lost its use value.The government can't turn a blind eye in the face of increasingly severe housing problem.Public rental housing as the main body of the construction of affordable housing,is the government response to society,return to obligation standard,and return to the national duty correctly.To solve the housing problem of "sandwich layer",the department of housing and urban-rural development promulgated the"measures for the management of public rental housing" in May 2012,it stipulates that the allocation of public rental housing,operation,use,exit and management,is suitable for this method.And then the department of housing and urban-rural development integrated the low-rent housing into public rental housing system in 2014.Public rental housing as the most important of security housing in our country,it plays an important role as the national macroeconomic regulation and control means.But however,in the operation process of public housing,there are many problems,especially as a public rental housing distribution of the dynamic operation of the first barrier--access and distribution.It has exposed that something wrong in the implementation process,such as the safeguard object,the standard,the allocator,waiting and objection handling mechanism.This paper uses the comparative analysis,empirical analysis,combining the method of theory and practice.It research the access and distribution system on public rental housing in China.lt Starts from the present situation of the access and distribution system on public housing in china.It explores the cause of the problem,combines the experience abroad,and discusses the countermeasures.The first part discusses and analyzes the connotation and basic principles about the access and distribution system on public rental housing in China.The access and distribution system on public rental housing is a series of rules system that the department according to the household registration,property and the per capita housing area of existing differences conduct fair distribution.It would in accordance with statutory procedures meet the requirements of the family.It interprets the basic principles of public rental housing access and distribution in China,including the fairness and justice,the principle of scientific nature,openness,convenience,etc.The second part is the public rental housing access and distribution legal conditions.The access and distribution legal conditions of the public housing is public housing access and distribution of the legal regulation of public housing use exit criteria,with unity,universality and mandatory.It still exists many problems,so,the autho analyzes the household registration restrictions,income,working and living conditions of the existing about the public rental housing access and distribution legal conditions.It combined with Hong Kong,Japan,Singapore,the United States and other countries and regions.Then the author introduces and analyzes the restrictions and insufficient about the public rental housing access and distribution legal conditions.The author also integrates foreign experience about the public rental housing access and distribution,to optimize the legal conditions in China.The third part is the public rental housing access and distribution legal procedures.Public housing to access and distribution is produced in the process of public housing access should follow the sequence,methods,procedures and mutual relationship.It chooses Hong Kong,Japan and the United States and other countries(regions)as analysis object.According to the analysis of the domestic grandpa public rental housing access and distribution legal procedures,design specific legal procedures in China.Last,the paper introduces the waiting and renting systems and error resolution systems,such as the connotation,the present situation in the practice and the problems,and then gives many suggestions to perfect this system.