The Research On China’s Affordable Housing Legal System

Shouldering the historical mission of people living,our country’s affordable housing is steadily advancing, affordable housing has become the backbone of solving the housing problem of low and middle-income groups.Under our country’s government actively guidance, people from all walks of life are advancing towards the goal of 36 million sets of affordable projects in the “12th five-year plan” and 10 million sets of transforming shantytowns from 2013 to 2017. The chairman Xi Jinping stressed accelerating the establishment of housing security on basis of government and meeting the demand of multilevel housing supply system on basis of market, achieving the goal of people living.The affordable housing construction in China has been referred to an unprecedented height visible,the legal system is a necessary guarantee to the development of affordable housing and it will punish illegal behaviors,finally implementing people living.In order to ensure the implementation of housing security system,the governments introduced regulations,which lacks the law introduced by NPC and its standing committee.The lower level in legislation leads to illegal behaviors in the practice,for instance,lying to hire affordable housing illegally, use for improper purpose,refusing to quit when conditions can not comfort to,bribery and corruption.The market economy is the legalized economy,Housing security is experiencing the transition from the policy level to legal side, which needs lawsto solve the problems of the administration, the examining and approving, the ration, the exit, the supervision and punishment in the whole process.This can make the implementation of the fundamental purpose of guaranteeing people’s livelihood become possible. The Law of Housing Security was included in the plan of legislation in November 2010,then the law was demoted to the regulation aiming at clearing profit space.According to Constitution and The Legislative Law,the lower level in legislation makes carrying out the superior ’ s order become difficult,and the implementation effect is very limited. As a result, the interests of the middle-and-low-income families can not be fundamentally guaranteed. And it is necessary to introduce a law with higher level—The Basic Housing Security Law to ensure the effective implementation of the housing security system. Due to the legislation last longer,it is also necessary to pass a judicial interpretation on housing security.This paper draws the legislative experience of Germany, Singapore and Hong Kong, makes the analysis of the existing problems at the legislative level in Chinese housing security, and puts forward the legislative suggestion about The Law of Housing Security,and pass a judicial interpretation to make the legal responsibility clear.