Study On Legal Problems Of Rental Housing Construction On Collectively Owned Construction Land

In order to increase the supply of rental housing,ease the contradiction between supply and demand of housing,set up a housing system with both purchase and rent,establish and improve the long-term mechanism for steady and healthy development of real estate,and set up a pilot project for the construction of rental housing on rural collectively owned construction land in 13 cities.The research on the legal problems of constructing rental housing on the collective construction land has become an inevitable subject.Through the combing of the pilot scheme of collective construction land construction rental housing in various localities and the summary of the problems encountered in the implementation of the pilot project,It is found that the main problems faced by the pilot project of collective construction land construction rental housing are the supply of collective rental housing land,that is,there are legal obstacles and the risk of "unconstitutional" in the circulation of collective construction land.The distribution of interests of rental housing in collective construction land construction includes the difficulty of balancing the interests of all parties and the unreasonable distribution of interests within the collective.The rules of collective rental housing lease,including the conflict between the "non-sublet" rule and the contract law,and the risk of legalization of "small property right house" and rental purchase.Different rights.In order to solve the problem of land supply for the construction of land for collective construction,the author believes that the limitation of the use of collective operating land and the right to use the home base must be released,and the risk of the "unconstitutionality" of collective construction land flow can be reasonably explained in Article 10 of the Constitution.In order to realize the reasonable allocation of the interests of the collective construction land for the construction of the rental housing,the collective construction land construction and rental housing interest distribution mechanism shall be established to balance the interests of the outside and the internal body.The innovation of this paper is to cut from the perspective of the collective leasing of the housing lease rules and propose that the effective adjustment of the lease of the collective rental housing should be in the interest of the "No sublease" On the premise of justifying the rules,the "non-sublet" rule is interpreted as the "prohibited and easy rule",the sublease behavior is found to be invalid,and the rules of "rent only and not sale" and "no sublease" are strictly implemented.To prevent the risk of legalizing the "small property right house" in disguised form,at the same time,to include the "small property right house" that conforms to the plan,safety,hygiene and quality into the collective rental housing,and to apply the collective rental housing rental rules to standardize the "small property right house" rental market.Strengthen the protection of lessee's rights and interests and realize the same right of lease and purchase.