Research On The Legal Issues Of Government Repurchase Of Commercial Housing After The Disaster

The Government buy-back of commercial housing after disasters is a system for the government to purchase damaged commercial houses with reference to market prices after emergencies.It has the attributes of housing emergency management and post-disaster housing security,as well as the theoretical basis of housing rights,housing security,economic law emergency security,and sales contracts.In our country,The Government buy-back of commercial housing after disasters just happened Tianjin Port explosion.Judging from the practical effect,The Government buy-back of commercial housing conforms to the wishes of the affected residents and realizes housing security.But at the same time,it also exposed the lack of experience in The Government buy-back of commercial housing after disasters.There are problems such as lack of legal support,ambiguity in the division of labor between the government and the market,unclear government functions,unclear buy-back conditions,and irregular buy-back procedures.The practice of buy-back damaged houses in the United States and Canada after the flood disaster has enlightening significance for improving the theory of The Government buy-back of commercial housing after disasters,such as complete legal system,clear government responsibilities,clear government and market division of labor,clear buy-back conditions,etc.By learning from foreign experience and combining with my country's national conditions,the further development of The Government buy-back of commercial housing system after disasters requires strengthening of legislation and building a legal system for Government buy-back of commercial housing after disasters.At the same time,it is necessary to distinguish the division of labor between the government and the market in buy-back of commercial housing,emphasize the leading role of the government,Clarify the responsibilities of finance,emergency management,housing management,urban construction and other departments.Form a mutually restrictive monitoring mechanism.It is also necessary to clarify the applicable conditions and procedures for the government tobuy-back of commercial housing after disasters.Only in this way,can the governmentbuy-back of commercial housing after disastersbe used in practice and play a greater role.