Empirical Study On Civil Legal Issues Of Public Rental Housing System On Collective Construction Land

With the formal entry into force of the "Land Administration Law of the People's Republic of China"(hereinafter referred to as the "Land Management Law")on January 1,2020,collectively-operated construction land has removed the institutional barriers to market access.This article further researches the civil legal issues of public rental housing on collective construction land.By summarizing the relevant provisions of the "Implementation Plan for the Construction of Rental Housing by Collective Construction Land"(hereinafter referred to as the "implementation plan")in 18 pilot cities,scholars Analysis of viewpoints,research on the legal attributes of public rental housing on collective construction land,the effect of transfer behavior and the effect of sublease behavior.Concerning the legal nature of collective construction land for public rental housing,there are disputes in the academic circles about the theory of public welfare,management,and the dual nature of public welfare and management.The public welfare theory and the management theory have a one-sided interpretation of collective construction land for public rental housing.The public welfare theory ignores the private property of collective construction land,and the management theory ignores the public welfare purpose of public rental housing.This paper uses a systematic approach to study public rental housing on collective construction land from the aspects of main body,content,and purpose.The conclusion is that public rental housing on collective construction land has the dual nature of public welfare and management.Whereas,the pilot cities have different regulations on the transfer of collective construction land for public rental housing,including prohibited transfers,conditional permits,and no regulations.This article studies the sublease behavior of public rental housing on collective construction land.The existing research has disputed the issue of the prohibition of transfer right and the conditional allowance of transfer right on this issue.It is believed that public rental housing on collective construction land should be conditionally allowed to be transferred.Allowing conditional transfer can attract private capital investment,solve the investment difficulties of public rental housing,and be more conducive to the protection of public rental housing.In addition,under the restrictions of private law and public law It can also reflect the private property of collective construction land for public rental housing;at the same time,it conforms to the "rule and land integration" legal rules.However,the conditions for the transfer of public rental housing should be limited.This article believes that the limiting condition should be that the transferor has operational and management difficulties,and continued operation will affect the normal operation of public rental housing;the public rental housing after the transfer must still guarantee the realization of public welfare purposes;The overall transfer of renting,to avoid the sale of rent and reduce to "small property rights situation." This article also researches the legal effects of sub-leasing behavior in the process of public rental housing operation.There are different models for the sub-letting regulations of public rental housing on collective construction land in pilot cities,including the prohibition of sub-letting and no regulations.Forbidden to sublease.Scholars have disputes about the invalidity of subletting and the effect of subletting.The article considers that the subletting is invalid because public rental housing is a security housing,and the punishment of the tenant on the leased housing is subject to the mandatory regulations.At the same time,the act also violated the regulations on land use control and was therefore an invalid civil legal act.