Research On Legal Regulation Of Shared Housing

In the 19 th session of national congress of the communist party of China,president Xi Jinping demonstrated that "We must not forget that housing is for living in,not for speculation.And we should accelerate the establishment of a system in which housing is supplied by multi-subject,secured by multi-channel,renting and purchasing is developed simultaneously." Therefore,the general consensus of the whole society is that the government should play a leading role in promoting housing security.The housing system affects China's economic and livelihood,directly affects the daily life of low-income groups and poor families in China.In today's society,Housing is not only a consumer product for individuals,but also a citizen's right to reside.Over forty years of China's reform and opening up,the economy has developed rapidly and house prices have risen.Many low-and middle-income families cannot afford the costs of obtaining to obtain commercial housing through the home purchase market.As a result,since 1994,the state has introduced a series of housing security measures,including affordable housing,low-rent housing and public rental housing,forming a policy framework of "low-end guaranteed housing and middle-end supported housing".However,in practice,a series of problem related to China's housing security system have arisen.For example,it is difficult to determine the sales target of affordable housing;unclear property rights can easily lead to power rent-seeking problem;qualified candidates for public rental housing is unclear and the rent pricing mechanism is unreasonable.As a innovation of China's housing security mechanism,the shared property housing system features in clear property rights,simple and easy access mechanism,flexible and comprehensive scope,which will help to change the current situation,in which low-income housing buyers have to afford the housing price independently.Also,the system has clearly stated the rights and obligations of people,which will ensure that housing buyers can enjoy benefits of policy.In addition to the introduction and conclusion,the main body of the paper is divided into four parts:The first part: interpretation of the basic theoretical issues of the legal system of shared property housing.Firstly,this part defines the core concepts of this paper,introduce the characteristics and positioning of the shared property housing,and strive to grasp the fundamental differences in advantages between the shared property housing and other types of affordable housing.Secondly,it analyzes the theoretical basis of the shared property housing,and based on the Coase Theorem and the Housing filtering theory,it provides legitimacy for the implementation of the shared property housing model.The second part: a practical study on the reform of the joint ownership housing system.Based on the empirical data,this paper analyzes the characteristics of the pilot practice of shared property houses in Huai'an,Shanghai and Huangshi,and understands its development history and current situation,and summarizes the problems from the experience of the three places.The third part: foreign experiences of the operation mode of the shared property housing system.In this part,through a detailed analysis of the UK's self-owned housing plan,the Singapore HDB model and the US shared property rights and shared income housing model,it investigates the foreign mature shared property housing system thoroughly,and understand its system setting and development,In this way,it can provide experience for the development of the housing with Shared property rights in China,find the answers to the difficulties and problems in the implementation of the model of Shared property rights in China,and better realize the "localization" of foreign institutional experience.The fourth part: discussion on the regulation path of shared property rights housing law in China.This chapter is divided into two sections: logical approach and specific suggestions.It is based on the useful experience of the domestic pilot cities in the previous chapter and the relevant foreign system regulations.Based on the original system,this part gives suggestions related to China's shared property housing system from both macro and micro perspectives.