Study On The Legal System Of Shared Ownership Housing In Beijing

In 2017,multiple departments in Beijing jointly issued the Beijing Interim Measures for the Administration of Shared Ownership Housing,and the system of shared ownership housing was officially put into effect.In order to prevent shared ownership housing from failing to limit speculation and premium,the legislator established a large number of mandatory norms in the legal system of shared ownership housing,which weakened the property rights of the co-owners and led to the conflict between the rules of common property right and the rules of real right,thereby it was difficult to realize the consistency between legal theory and legislative practice.Therefore,relying solely on the form of the security housing constructed by the system of shared ownership cannot effectively realize the policy purpose.Compared with the system of shared ownership housing,the system of residing right has a greater advantage in the realization of housing security.This paper analyzes the problems existing in the legal system of shared ownership housing in Beijing and puts forward the viewpoint of introducing residing right to improve solving the problems.This paper will discuss from the following aspects:The first part is the introduction.It briefly discusses the research background,significance and research status of shared ownership housing,and identifies the research idea of this paper.The second part studies the theoretical basis.In terms of the theory of co-ownership,this paper expounds that under the basic principle of one thing and one right in China,co-ownership by shares is the division of ownership quantity,which can reflect the full effect of ownership.In the theory of residing right,it is expounds that residing right derived from the common law that protected the living interests of the vulnerable groups,and it presents the parallel form of social residing right and investment residing right in the development.The third part is an overview of shared ownership housing.This part analyzes the concept of shared ownership housing,shows that common shared ownership housing is co-ownership by shares between the government and the purchaser,and the property of it has both security housing and commercial housing.It also expounds that the relationshipbetween shared ownership housing and the security housing.The fourth part is about the current situation and problems of legal regulation of shared ownership housing in Beijing.This part analyzes the current situation of the legislation of shared ownership housing,expounds the conflict between the possession,use,revenue,disposition rule of shared ownership housing and real right rule.The separation of the four rights of ownership has the suspicion of the division of ownership and quality,and then this paper analyzes the reason is that the legislator intends to intervene in the compulsory norms to realize the purpose of housing security.The fifth part is the analysis of the appropriateness of residing rights applied to shared ownership housing system in Beijing.Based on the analysis of theoretical advantage and practical demand,it expounds the suitability of residing rights applied to common property rights.The sixth part is the suggestion of improving the legal system of shared ownership housing in Beijing.In view of the problems existing in the legal system of shared ownership housing in Beijing,this paper puts forward the viewpoint of introducing residing right to improve it,and puts forward some concrete suggestions.