A Probe Into The Obligation Of Developers To Build Public Rental Housing In The Commercial Housing

Housing issues are related to the national economy.In order to solve the housing problem,the state issued a series of housing security systems.Today,public rental housing has become the mainstream form of development of affordable housing.But the shortage of land resources,lack of funds and other issues are exposed in the process of the construction of public rental housing in a place by the state.And a large number of public rental housing concentrated in a place by the state are "empty-rent"or"abandoned rent"because of remote location or poor quality.To solve this contradiction,the model of constructing public rental housing in the commercial housing came into being.With the birth of this model,the developers are to become vanguard to build the public rental housing.Although the developers bear the obligation to build public rental housing is the law expressly stipulates and all around is also actively practice this model,But whether the developers have the obligation to build public rental housing is worth pondering.If the answer is yes,then we need to further ask what is the basis of obligations of the developers to build the public rental housing?What is the legal nature of this obligation?Due to the different viewpoints of obligation of developers building the public rental housing,resulting in the practices of different provinces and cities for the developers of building the public rental housing are different.Therefore,to explore the obligation of the developers building the public rental housing in the commercial housing is need to put on the agenda.In addition to the conclusion,this paper is divided into four parts:The first part introduces the origin of the problem.Various problems often see the newspaper in the process of the construction of public rental housing in a place by the state.Therefore,the model of constructing public rental housing in the commercial housing came into being.The research on public rental housing in the theoretical circles started late,and from the perspective of law to explore is very few.The lack of theoretical research on the construction of the public rental housing by the developers,the practice of the developers for the public rental housing with the specific provisions of the non-uniform seriously affected the implementation of this model.The second part is the analysis of the legal basis of the developers' obligation to build public rental housing in the commercial housing.State supply of public rental housing has both theoretical basis and legal basis.Developers' obligation to build public rental housing in the commercial housing is actually derived from the transfer of state obligation.The transfer of this obligation is both legitimacy and rationality.Legitimacy is manifested in this obligation to be transferable and legally authorized.Rationality is manifested in the transfer had precedent and the state give the developers a reasonable compensation.More essential is the transfer of this obligation is the content that developers should bear the social responsibility.The third part is the research on the legal nature of developers' obligation to build public rental housing in the commercial housing.From different angles analysis can know that developers' obligation to build public rental housing in the commercial housing have multiple attributes.Developers' obligation to build public rental housing in the commercial housing is both mandatory and consensual,unqualified and compensatory,positive and negative.The fourth part is the discussion on the specific contents of the developers'obligation to build public rental housing in the commercial housing.The factors that determine the specific contents of developers' obligation to build public rental housing in the commercial housing include the direct provision of the law,the principle of private law of autonomy,and the value of the quasi-public property of the public rental housing,and the value to be pursued.By drawing lessons from the experiences of the United Kingdom and the United States and combining with the concrete practice of the model of constructing public rental housing in the commercial housing,it can be summarized that the specific contents of the developers' obligation to build public rental housing in the commercial housing should include the construction obligation,obligation of limitation of disposition,the transfer of ownership obligation and quality assurance obligation.