Research On Legal System Of The Common Property Housing

Since the implementation of the housing reform system,the government has introduced a number of policies to ensure people's housing needs.As one of the multiple housing security systems,the system of affordable housing has a remarkable effect on improving the housing environment of “sandwich layer”families.In order to perfect the system of affordable housing in the process of implementing the design flaw,in 2004,some scholars put forward the concept of common property right economy applicable room,a total of property right system to improve the previous economy applicable room “limited property rights”in the problem of unclear property rights,by the government as the owner of the building property right side together with the buyer in proportion to enjoy the ownership of the house.Compared with the traditional affordable housing,the co-ownership housing system has the advantages of expanding the scope of security to meet the housing needs of residents,reducing the financial burden of the government and reducing rent-seeking corruption.Since 2007,the co-ownership housing system has been piloted in many Chinese cities,to some extent solving the housing problem of low-and middle-income families.However,a series of problems occurred in the actual operation process,mainly including the following aspects: the system of common property rights only has local policy provisions,lacking legalprotection;Insufficient financial support for the construction of affordable housing;The setting standard of property ownership ratio between government and home buyers in each pilot area is different.The rights and obligations between the two holders of the property right room are not clear;The market access and exit criteria of the applicable objects are uncertain;The supervision and management authority in the operation process is not clear.In view of the above problems,mainly put forward the following suggestions: first,to formulate and promulgate the common property room related legislation;Second,we should expand the channels for guaranteeing the construction funds of common property right houses.Thirdly,set up reasonable initial property right proportion and flexible property right adjustment mechanism;Fourth,it is necessary to clarify the relationship of rights,responsibilities and obligations between the government and the property buyer,including formulating the transfer rules of due shares in the internal relationship Shared by shares,and clarifying the distribution of tort liability in the external relationship Shared by shares;Fifth,we need to improve the access system and properly define the low-and middle-income standards.And improve the exit mechanism through regular audit and closed operation;Finally,we should set up a professional supervision institution to supervise the whole process of the operation of the common property right house system.