Research On Legal Regulation Of Shared Ownership Housing In China

Shared ownership housing is a new housing security model developed in China's housing reform.It is also an exploration of the new housing security system under the important goal of the Nineteenth National Congress of the People's Congress.Shared ownership housing is a kind of housing shared by the buyers and the government.On the one hand,it has the characteristics of sharing by shares in traditional civil law,on the other hand,it has the policy considerations of the government to achieve the goal of housing security.It is a product of the special housing security policy.The development ofshared ownership housing in China started relatively late.At present,there is no unified concept ofshared ownership housing in academic circles and pilot cities.There is no suitable legal basis for the policy ofshared ownership housing introduced by various places,and the administrative color is strong.As a long-term institutional arrangement to solve the housing difficulties of the state,theshared ownership housing system is not only of great significance to deepen the structural reform of housing supply side in China,but also has a significant impact on the establishment of the legal system of housing security in China.This paper mainly uses the methods of literature analysis,comparative analysis and interdisciplinary analysis,trying to sort out and compare the current legislation and policy pilot projects of public property rights housing in China,combining with foreign experience,and aiming at the problems in current practice,puts forward suggestions for improvement.This paper mainly includes four parts:The first part elaborates the basic meaning and legal basis of the shared ownership housing in China.Firstly,it clarifies the basic meaning and characteristics of the research object of this paper;secondly,it discusses the legal basis of the establishment of the housing system with common property rights from three aspects: the theory of common ownership,property rights and ownership in the Property Law,and the share and possession of property rights.The second part of China's common property housing legislation comb and pilot policy comparison,to common property housing legal regulation of the status quo.First of all,the legislation of the housing with common property right in China is sorted out and the pilot policies are compared.Secondly,through the above analysis,this paper summarizes the deficiencies in the implementation of legal regulation of China's housing with common property rights,such as diversification of housing types with common property rights,unclear guarantee objects,inconsistent land supply and lack of supervision mechanism.The third part is to draw lessons from the experience of the foreign common property housing system.Firstly,it introduces the experience of the United Kingdom,the United States and Singapore in the regulation of common property housing;secondly,it summarizes the Enlightenment of the above-mentioned countries on the legal regulation of common property housing in China.The fourth part puts forward some suggestions on the problems existing in the legal regulation of theshared ownership housing in China.Firstly,we should improve the legal system of common property housing.Secondly,we should clarify the object of common property housing security.Thirdly,we should unify the types of common property housing.Fourthly,we should stipulate the mode of land supply.Finally,we should improve the supervision mechanism.