Study On The Legal System Of Public Housing

After more than30years of reform and opening up, our country economy maintains amomentum of rapid growth for a long time. People’s living standards have improvedsignificantly. Overall living conditions for urban residents have made great change. In recentyears, however, the rapidly rising house prices and the contradiction between the residents’income growth slow increasingly acute. Housing difficulties have one of the biggest problemsplaguing the harmonious development of society. Public housing system is to solve theproblem of the housing difficulties of low-income groups in our country. And it is also theimportant means to realize the goal of live to in our country. In under the perspective ofeconomic law, based on the legal problems of the current public housing system to explorethe legal analysis to solve the public housing system, to ensure the operation of the publichousing system in our country has legal basis.In this paper, the integrated use of inductive analysis, empirical analysis, comparativeanalysis and other methods. Firstly it explain the origin and development of public housingsystem，the present situation of the public housing system and the problems existing in thepublic housing system. Secondly, it absorbs the successful experience of public housingsystem of the United States, Japan, and Singapore, Hong Kong and other typical countries andregions. Finally，it combines with the actual situation in our country, explores the feasible andeffective way of perfecting our country’s public housing system.Housing problem is the people’s livelihood issues in the construction of a harmonioussociety. The implementation of the government’s public housing system is the main channel tosolve and improve urban low-income family housing shortage. Through the analysis, publichousing system in our country starts late compared with other developed countries or regions.There are a series of legal problems; firstly, the problems existing in the embodied is that theright of housing is not mentioned in the constitution in our country. As provided for in article39of the constitution "home of citizens of the People’s Republic of China is inviolable.Unlawful search or intrusion into a citizen’s residence. In fact, it emphasis on the protectionof citizens’ personal freedom and personal privacy, rather than the protection of citizens’housing security. Secondly, now we don’t have a high status in the legal system of our countrylaw to regulate and guarantee public housing system. Just like "Economy applicable housingmanagement approach ""The low-rent housing way""The public rental housing managementapproach" and other administrative regulations. The "management method about print and distribute economic applicable housing prices notice"."On strengthening economic applicablehousing management related issues notice"."On the low-rent housing, affordable housing andhousing rental announcement concerning the tax policy""About speeding up the developmentof public rental housing to the guidance " notification and opinions. But there is no legalaspects of the regulatory documents on public housing system. The lack of a basic legalsafeguard about public housing system running. Thirdly, the design of China’s public housingsupervision mechanism’s access mechanism and exit mechanism is not rigorous. There is nodynamic mechanism for the low and middle. Income earners in the urban who apply for thepublic housing it leads to the unfair and lifetime supply which for the assets of the applicant’saudit is not comprehensive. It leads to a nervous cause about public housing and the reallyneed protection objects still don’t solve the problem of housing difficulties. Fourth, at present,there are no specific public housing management institutions in our country. Public housingmanagement is in the bull management and unattended situation. Once a certain link hasproblems, it wills multiple departments’ mutual shuffle. And it will cause the unknown causeresponsibility and the responsibility difficulties. The fifth, the current system of housingaccumulation fund also doesn’t play a role in housing security. Due to the supervision andmanagement of housing accumulation fund is not good. Only some people benefit from it, theother part of people did not get the real benefits actually. This part has a large proportion isthat the housing difficulties of groups. Thus appeares the phenomenon which called thesubsidies differentiation. The gap of housing conditions will be pulled bigger and bigger. Theoriginal good housing accumulation fund system is easy to become a "Robin Hood" system.In today’s actively advocating the rule of law society, the town housing system reform, theurban low-income housing supply and demand contradiction is highlighted. It is necessary togive full play to the regulation of economic law on the public housing system and thesafeguard role. Therefore, in this paper, it puts forward it is necessary to establish the basicstatus of the right of residence in the constitution. And write a "on the protection of housingpublic housing system specification. We should design strictly the access and exitmechanism of public housing to promote the realization of public housing. We should set upthe public housing management institutions for unified management of public housing relatedmatters clearly. We should reform the existing system of housing accumulation fund and givefull play to the assistant function of housing for the system.The defects of the system of public housing in China need to be perfected from the law.To fundamentally solve the housing problems due to the unreasonable design of system. Setup the legal regulating of the public housing system in our country helps to solve the housing problem in China smoothly. It is an important part of the housing security work in the processof our legal system construction. And it is the legal requirements of "Chinese dream" and"ZhuFangMeng".