Research On The Perfection Of The System Of Refusal To Deal In China's Housing Accumulation Fund System

The refusal to deal in the housing accumulation fund system means the behavior that the housing provident fund management center refuses to let the depositors withdraw the balance in the provident fund account for housing consumption in according to the Housing Provident Fund Management Regulation,resulting in damages to the legal rights of depositors,impaired the residents' consumption ability,and reduction total society output.According to the difference in the setting conditions of the housing accumulation fund of the management center,that is,the degree of difficulty for the depositor to withdraw the housing provident fund,the behavior of refusing the transaction in the housing accumulation fund system can be divided into deprivation refusal transaction behavior and obstructive refusal transaction behavior.The generation of refusal to deal with transactions is not only for the needs of administrative management,but also an inevitable result of the management center as a rational person to follow the principles of economics.Therefore,this behavior has a certain degree of rationality,and it has played an active role in safeguarding management rights and overall capital operation.At the same time,we must also see the negative effects of such actions that hinder the development of the market economy,harm consumer welfare,and reduce the credibility of the government.From the perspective of civil law,the refusal to deal violates not only the individual ownership of the employee but also the contractual spirit of entrusted agency between the parties;From the angle of the administrative law,the refusal to deal is a violation behavior that the housing provident fund management center breaks the legal limit and abuses fund management rights to infringe the counterpart's basic rights;From the angle of the anti-monopoly law,the management center uses the exclusive dominant position of provident fund management to implement the refusal to deal,increasing the transaction economic costs,reducing efficiency and the consumer welfare.The regulation of refusal to deal in the housing provident fund system faces many difficulties,for example,the provident fund property is not clear yet.The legal relationship between the management center and the depositor is vague;The the management center exercise of rights is not transparent;The management function is wrong and the power is abused but not restricted.Therefore,the improvement of the housing provident fund system should be carried out in two aspects,The first is to improve laws and regulations,not only to speed up the formulation of the Housing Provident Fund Act at the legal level,but also to modify or abolish the exploitative refusal to trade and obstructive refusal to trade in existing administrative legislation.Secondly,in administrative practices,administrative agencies should change the traditional administrative management thoughts,through the strengthening of administrative and legislative supervision and the establishment of a regional integration development system,acting the the legal and effective management of housing provident fund.