The Restriction Of The Right To Dispose Of The Public Rental House

At present,the public rental housing is the main product of affordable housing in our country,which has an important position in the social housing security system.In the supply of public rental housing,with the deepening of the degree of socialization of public services,the active participation of the market and society in the construction of social security,a variety of public rental housing owners to participate in a variety of subjects.The ownership of public rental housing can be divided into two categories:state ownership and non Princess ownership.Different types of ownership of public rental housing are protected by the Constitution.When the main body of the market changes the legal relationship of the property right,the ownership is based on the real right law,and has the full freedom.Compared with ordinary commercial housing,public rental housing bears the social security responsibility and bears more social and public interests.The right of disposal of the owner of public rental housing is not free and unlimited.There is both freedom and restriction.The value of the house lies in the residence,and the statutory use of the public rental housing is for the rental of the specific object.In the public rental housing system of housing purposes is strictly limited circumstances,public rental housing ownership of the possession,use,income and disposition of these four powers,the possession,use of public rental income,the exercise of power has been clearly defined,only Punishment Rights surplus space to play.The public rental housing undertakes the social public welfare request,limits to the public rental housing owner's right,manifests in the disposition function restriction.The limitation of the right of disposal of the owner of public rental housing should be analyzed in detail according to the ownership of different types of public and private subjects,and the rules of the corresponding powers and restrictions of public and private law should be formulated.The ownership of state ownership of public rental housing is essentially owned by the whole people.The exercise of state ownership shall not exceed its established public purpose by giving administrative organs the right of disposition through authorized acts.Public rental housing as a public product,according to the "law without authorization,that is prohibited" rules,the protection of its role in the play outside the remaining interests should belong to the people.The right of non public ownership of the right to rent a house is exercised in the purpose of satisfying public welfare,according to the nature of the absolute right of ownership and the equal protection of the real right,it follows the law of "no prohibition is free",and the surplus interest is exercised freely.On the one hand,the state ownership is usually exercised by the specific administrative organs on behalf of the state,and the administrative organs have the requirements of the rules of authority when exercising their rights.On the other hand,as the existence of social value of public rental housing,housing owners need to transfer part of their rights,reduce ownership,in order to achieve the purpose of housing security public welfare.Limited freedom and public interest to explore the boundary public rental ownership right,through a combination of public rental housing ownership right protection and limitation,play a role in supporting the rules of procedure,finally realize the fairness and efficiency of public rental system of social security is maximized.