Research On The Legalization Of "Partial Ownership" Housing Transactions In State-owned Enterprises

Since the 1980 s,China has successively carried out housing reforms and issued a series of housing reform documents.This policy was first proposed in the "Notice on Continued Active and Prudent Reform of the Urban Housing System" issued by the State Council in 1991,which stated that "When sold at standard prices,staff of state-owned enterprises can own partial ownership".However,partial ownership was only a means of transition and convergence at that time.The ultimate purpose of housing reform is complete ownership.Using cost price instead of standard price has been proposed for the first time in "Decision of the State Council on Deepening the Reform of Urban Housing System",and the price of public housing should be gradually raised to the cost price.However,many state-owned enterprises such as Zhongsheng Coal Industry did not comply with the policy to make up the cost of the houses which has led to the housing transaction invalid or even can not be listed on the market and other issues.Therefore,this paper takes Zhongsheng Coal Industry as an example to study the legalization of "partial ownership" housing transactions in state-owned enterprises based on the theory of property right and the dwelling right.The study has practical significance and legislative reference value for incorporating dwelling right into Property Volume in the Civil Code.This paper takes the problems by the reform of the housing system of Shanxi Fenxi Mining(Group)Co.,Ltd.-Zhongsheng Coal Industry Branch(hereinafter referred to as Zhongsheng Coal Industry)as object of study the legalization of partial ownership transactions in state-owned enterprises.Use the literature research method to summarize the basic theory and research trends of this research to clarify the legal nature of partial ownership;use the field research method to investigate and understand the current state of housing reform of SOE and the current status of partial ownership housing transactions so as to put forward the problems to be studied in this paper and the corresponding solutions.Therefore,this article is divided into the following parts: The first chapter introduces the research background,significance and status at home and abroad;The second chaptermainly expounds the Theoretical basis of the legalization of partial ownership houses of state-owned enterprises.Clarify the historical background and legal nature of partial ownership and explain the theory of property rights and the theory of dwelling rights;The third chapter selects Zhongsheng Coal Industry as a representative,sorts out the reform process of China's urban housing system,and uses questionnaires to understand the transaction status of partial ownership houses in Zhongsheng Coal Industry;The fourth chapter summarizes the problems existing in the transaction of partial ownership houses in Zhongsheng Coal Industry and analyzes the reasons;The fifth chapter to come up with countermeasures to legalize the transactions of partial ownership houses of state-owned enterprises which means to convert partial ownership to complete ownership and to grant employees the dwelling right.Through research,it is found that the main obstacles to the transaction of partial ownership housing of state-owned enterprises are that the private transactions of partial ownership housing are rampant and ineffective,and the registration of property cannot be processed.The main reasons are that partial ownership housing transaction contract has not been approved,the nature of the land has not been transferred,and the property rights are incomplete.Finally,a solution was proposed: converting partial ownership into complete ownership and granting employees permanent dwelling right.