The Inheritability Exploration About Economically Affordable Housing Of China

At "The inheritance law modified and hot nodus seminar" which convened in2012and"the annual meeting of the Chinese civil law", for the scope of the heritage, the scholarshave discussed, along with all relief policy of the state, legal follow-up issues for the newpolicy, we need to pay attention, therefore, this article to focus the discussion of thesuccession law changes, on one of the contents are discussed, if China’s economicallyaffordable housing can be inherited.This paper, includes the preface and four chapters of text and epilogue, come to six parts:Preface part main introduction contents and so on selected topic’s background,significance, research technique, emphasized conducts the research from the legal angle tothe system, and has carried on the essential explanation to article some questions.The second chapter elaborated an overview of the system of affordable housing in ourcountry, based on the definition and characteristics of affordable housing in this paper, andthen give a roughly definition about the connotation of affordable housing, affordablehousing property properties, to show which the characteristics of the affordable housingneed special consideration when facing inheritance, in addition has been clear about therelationship between property rights and ownership, bedding for later in this paper, it is afundamental point of view in this paper.In the third chapter, the author analyzed the affordable housing can be inherited from thefoundation layers of theory of law. First, illustrated that allowed for affordable housinginheritance is the embodiment of the fair principle, although the affordable housing is akind of affordable housing, but we cannot because it’s policy attribute and deny itscommodity attribute, market trading relationship still exists between buyers and sellers, sowe should follow fair trade principle, equality of trade rules in the process of trade,admitting the affordable housing inheritance rights. Second, admitting the right inherit toaffordable housing is also the embodiment of the real estate integrated principle, using theprinciple of building transferred accompanies the land in property law of our country,owing to home buyers have payed for the price of the building, they also have the rights ofthe land which the house attached to. Finally, specified the legal property properties ofaffordable housing, buyers for its property rights, affordable housing accords with therequirement of the object can be inherited which is stipulated in China’s inheritance law.The fourth chapter mainly discussed from the aspect of the standardization of the law, themeaning of housing for people is not only a property, but also a spiritual, allowing for itsinheritance, to create a stable housing environment has positive significance for maintaining social order, first of all, in the process of analysis, with the relevant systems ofthe foreign economy to compare with the system of our country, to find the difficultiesencountered in practice process and draw lessons from the improved measures of affordablehousing system in our country at present. Secondly, through take a demonstration of theland use rights which affordable housing attached to can be inherited, strengthen thelegitimacy of the affordable housing can be inherited. Again, expounds the evolution of theinheritance system, it is concluded that affordable housing should be included in the scopeof inheritance according to the buyer’s inheritance interests, and took a detailed explanationabout the factors need to consider when inherit and the way of inheritance in Real life.including the house price or share of the house, the determination of qualification ofsuccessor, protection of habitatio of common resident and the restrictions of inheritance ofthe affordable housing when government repurchase, etc.The fifth chapter mainly expounded the social functions of he inheritance of affordablehousing, allowing for affordable housing inherit to make the regulation of affordablehousing from the policy level to law, it is the progressive and fusion between policy and law,on the one hand reflects the balance of social interests, making the different income groupsall have the right to obtain stable home, avoiding excessive wealth concentrated in thehands of a few people, resulting in the imbalance of social wealth, the inheritor to the lowincome family can live the affordable housing their relatives left behind, ensuring thebenign circle of affordable housing, avoiding the prices of commercial housing too high,reducing the unnecessary waste of resources. on the other hand, it is conducive tomaintaining economic order, allowing the inheritance of affordable housing can solve thehousing problem for the part of residents, reducing the Empty bubble in the current realestate market, preventing excessive drive up the price of commodity house, avoiding tocause resident’s dissatisfaction with the high house price and questioned.This paper also mentioned in the end, in order to avoid the criminals of illegalspeculation behavior such as affordable housing, we can draw lessons from foreign relatedsystem to our country, to give administrative punishment or detention to the illegal trade inaffordable housing, serious circumstances shall be investigated for criminal responsibilityaccording to law, even be perfected from the system of affordable housing regulation at thesame time, make up the system flaw, thus ensuring a polity policy will not have theopposite effect.