On The Handling Of Disputes Over The Right To Use Public Housing

The public housing system came into being with the special national conditions of our planned economy.In the new period of development,due to the lack of strong support from the superior law,there has been controversy on the nature of the right to the use of public housing in the domestic theoretical and practical circles,and the lack of effectiveness and pertinence in the handling of disputes over the right to the use of public housing,and the differences in local practices lead to different judgments in judicial pratice.Public housing,that is,public housing,in our country refers to state-owned or collectively owned housing,according to ownership,whether it can be sold,property ratio,housing nature,investment ratio and other factors can be divided into different types of public housing.Public housing is actually a form of labor compensation with strong historicism.The right to the use of public housing is based on the lease of public housing,such as the right to possess,use,a certain degree of income.As far as the property of right is concerned,it is obviously different from the appearance of right of residence,usufructuary right,land contractual management right and so on.At the same time,it is precisely because of the lag of social changes and management system,the absence of legal norms and the strong demand for public housing transactions,in practice,there are still many contradictions and disputes about the right to use public housing,such as listing type,transfer type,sublease type,replacement type of transaction type disputes,there are also inheritance type,divorce type demolition type and so on.In view of these three types of disputes,different judgments in the same case have occurred from time to time,some think that the agreement of transferring the right to use public housing by oneself is invalid,some think that the agreement is valid,and some think that the agreement approved by the owner of public housing is valid,and some think that the disputes of personal type are valid.Admittedly,disputes over the right to use public housing belong to historical problems,but they can still be solved through the proper application of the law and the improvement of the system.On the proper application of the law,first of all,in dealing with the transaction disputes,whether the "housing reform" transaction division conforms to the local policies and legal norms can carry out housing reform,even if the breakthrough solution is to be well-founded,in conformity with the conditions of housing reform restrictive conditions need to be implemented in accordance with the spirit of the contract;In transferable disputes,as long as it does not violate the prohibitive provisions of the law,prior consent or subsequent approval shall be taken as the basis for determining the validity of the agreement and conduct;furthermore,in sublease disputes,it is based on local reality,which can be explored conditionally but also needs qualitative and quantitative analysis to settle disputes;and in substitution disputes,it is necessary to settle disputes through qualitative and quantitative analysis.In order to respect the objective facts,one is to perform within the scope of the agreement authenticated by the housing management department,the other is to treat the disputes privately according to the provisions of the contract law.Finally,the main idea in dealing with human disputes is to protect the legitimate rights and interests of the person as a prerequisite,and it needs to be handled in succession to human disputes.Under the premise of respecting the wishes of the original users,the departments should cooperate with each other to reasonably determine the qualifications of the successors,namely the new users,so as to effectively settle disputes.In dealing with divorce-related disputes,we should take into account the facts,respect the wishes of the parties and take care of the disadvantaged groups,and allocate 1998 according to the time and practice of marriage.The two is classified as nodes.Because of the many aspects involved in the demolition disputes,the dispute within the family is mainly settled by mediation,with the coexistence and household registration as the parameters,and the disputes between the demolition department and the management department with respect to the interests of both sides as the premise,in different ways of physical or monetary resettlement.On the issue of perfecting the system,we should base on the national conditions,focus on the future trend,adjust the legislative ideas and judicial concepts,multi-sectoral joint efforts can make the disputes of the right to use public housing get relatively fair treatment,but constantly improving and improving the existing housing security system is the fundamental solution.