The Legal Problem Research Of The Housing Provident Fund Of China

The housing provident fund system is an important part of China's housing security system.Drawing on the Singapore's Central Provident Fund System,China's housing provident fund system began in the early 90 s of last century,with the procedure of China's housing distribution system reform.Since then,housing provident fund system has gradually become the core of China's urban housing system reform.Shanghai took the lead pilot project of housing provident fund system in 1991.Till now,this system has undergone 26 years in our country.The housing provident fund system has played a more and more important role in China's housing market.But at the same time,with the deepening development of China's economic restructuring and the rapid exploitation of the real estate market,the housing provident fund system has gradually exposed various problems and disadvantages.In recent years,the housing provident fund system suffers criticism from the World Bank and other organizations.Many people think that the system should be abolished.And someone also think that the system "robs the poor to feed the rich".In November 2013,the Third Plenary Session of the 18 th CPC Central Committee was held in Beijing.The session announced the Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform.The Decision specifies that our governmentwill improve a housing security and supply system consistent with our national conditions,create an open and standard housing provident fund system,and improve the regulations on the withdrawal,use and supervision of the provident fund.There are indications show the current housing provident fund system must be reformed to match the development process of China's housing industry,and effectively protect the housing needs of the broad masses of people,and then,returns to its original intention.Based on the current situation of housing provident fund system in China,this thesis tries to clarify the contradiction of housing provident fund from the legal point of view,and through the introduction,evaluation of other countries' housing security system,to explore the way of deepening reform of the housing provident fund system,and find a legal path to perfect the housing provident fund system.Asking a problem,analyzing the problem and solving the problem is the basic logic of methodology.This thesis also follows the principle of methodology.In the introduction,the thesis firstly elaborated that the housing provident fund system is facing the controversy of "maintenance" and "abolition",and then briefly introduced the background of the dispute.The origin of the controversy lies in the lag and imperfect construction of the housing provident fund's legal system.Now the system suffers from the government failure and institutional failure.The introductory part paves the way for the full text.The first chapter describes the basic concept of housing provident fund system and the evolution of its legal system.The housing provident fund has five characteristics,which are guarantee,mutual support,universal enforcement,long-term and specificity.The system has gone through five stages of the legal process,thus forming the current legal framework system.The second chapter introduces the theoretical basis and realistic basis of the housing provident fund system,and clarifies the necessity of the system.The theoretical basis mainly includes the theory of public goods,the theory of failure,the theory of welfare economics,the theory of housing right and the basic principles of economic law.The foundation of the reality includes the inevitability of the historicalchoice housing provident fund system and the current achievements of the provident fund system.The third chapter discusses the root causes of housing failure fund system failure and describes various concrete manifestations of the failure.The root cause lies in the original legal ills of the system,including the low level of legislation,lack of supporting norms,revision lag and a slight legal liability.These shortcomings lead to a variety of derivative contradictions,covering the fund payment,use,decision-making,control and other key links of the housing provident fund system.The fourth chapter introduces the advanced experience abroad.This chapter uses a comparative study method,introduces Singapore,the USA,Germany and Japan's legal system construction results in the area of housing security,and also introduces the four countries typical housing security system models.And thus points out the guiding significance of the improvement and development of housing provident fund system in China.The last chapter explores the legal channels that can effectively play the role of housing provident fund system.Concerning with the introduction,this part mainly discusses how to improve the existing housing provident fund legal system through the improvement way,so that it can overcome the phenomenon of government failure and be fully utilized.In addition,this part finally introduces the other two views of revolution.Through the analysis of the two views' origins,main contents and the obstacles of realization,then draw the conclusion that in order to solve the system failure,the most urgent task of the housing provident fund system is to improve its legal construction and legal system,currently.