A Comparative Study Of Local Legislation On The Withdrawal Of Public Rental Housing In Municipalities Directly Under The Central Government

Housing right is the basic human right of citizens,and protecting the housing right of citizens is an important responsibility for the state.It is an important responsibility for the state to safeguard citizens' housing rights.Social security housing plays a key role in realizing the housing rights of low-income groups,and is an important part of the national people's livelihood security work.Under the background of unbalanced and inadequate social development,perfecting the public rental housing system and rationally allocating housing resources are the meanings of achieving the goal of the housing security system."Withdrawal of public rental housing" refers to that the lessee of public rental housing needs to withdraw the requirements of the public rental housing in accordance with the relevant laws and regulations or the contract under specific circumstances,which plays an important role in regulating the shortage of housing resources,promoting the efficient flow of resources and maintaining social equity.The legislation for the withdrawal of public rental housing not only reflects the protection of the basic human rights of citizens,but also reflects the objective requirements of the state to maintain social equity and innovate social governance means in the context of administrative supply.Therefore,we should follow the basic principles of fairness,rationality and maneuverability to construct the legislative content of the withdrawal of public rental housing in China.The local legislative construction of public rental housing system in Beijing,Shanghai,Tianjin and Chongqing has important sample value and representative significance.Through a comparative study of the local legislation of the withdrawal system of public rental housing in the four municipalities,it is clear that the main contents of local legislation include legislative purpose,withdrawal form andconditions,withdrawal procedure and legal responsibility.In terms of legislative purpose,each municipality directly under the central government has formulated its own characteristic adaptive requirements based on its economic development and social conditions.In terms of the form and conditions of withdrawal,there are two forms: active withdrawal and compulsory withdrawal,and the conditions for compulsory withdrawal in case of violation of laws and regulations.In the aspect of exit procedure,the corresponding supervision mechanism and supporting measures are set for different exit forms.In terms of legal liability,the local legislation of public rental housing includes corresponding administrative legal liability and criminal legal liability for different subjects.However,in the local legislation for the withdrawal of public rental housing in the municipality directly under the central government,issues such as unclear legislative objectives,lower levels of legislation,insufficient standardization of exit conditions,incomplete exit procedure settings,and obscure legal responsibilities for exits are more prominent.When the "Just live in but don't exit" and "difficult to exit" of public rental housing become institutional obstacles,it seriously hinders the rational allocation and effective circulation of public rental housing resources.Local legislation as the basis for ensuring the normal operation of the exit link,the relevant content setting needs to be fair,reasonable and operable,in order to improve the public rental housing system and enhance the level of national rule of law.In view of the problems existing in the local legislation of the withdrawal of public rental housing in the municipalities directly under the central government,it is necessary to establish and improve the withdrawal mechanism of public rental housing to meet China's national conditions and development needs.According to the levels of laws,administrative regulations,local regulations,departmental regulations and local government regulations,China should build a housing security legal system with the constitution as the core and housing security,finance,tax and other departmental laws as the main body.At the same time,each municipality directly under the central government needs to improve the local legislation of housing security,clarify the purpose of local legislation,improve the local legislative level of public rental housing withdrawal,comprehensively regulate the withdrawal conditions of public rentalhousing,strictly design the withdrawal procedures,and clarify the relevant legal responsibilities.On the basis of adhering to the people-centered development idea,standardize the development of local legislation on the withdrawal of public rental housing,accelerate the construction of urban housing security system,and provide a certain basis for the research and formulation of China's future housing security law and urban housing security regulations.