The Research Of Legal Problems On Low-rent Housing Distribution

The existing laws give no explicit regulation on whether the housing fund can be enforced by court.The people’s court enforces according to Civil Procedural Law and other relevant regulations. However, the housing fund management center refuses the court according to Regulations on Management of Housing Fund. It is not a simple conflict of legal provisions, but conflicts of multiple interests, such as conflict between basic survival interest of the debtor and the creditor’s right and interest and conflict between judicial power and executive power. It is also a challenge on legitimate right protection brought by malicious cheating behaviors. The author thinks that it’s inappropriate to include housing fund into the scope of properties exempt from execution in all cases due to its nature of guarantee. Nor can it be regarded as the subject matter of execution of ordinary creditor’s right in all circumstances negligent of legal regulations. The former weakens judicial credibility while the latter may make some people collude with others to get the fund through false action. Moreover, the fund will lose its natures of welfare and guarantee. It’s law vacancy that leads to these conflicts and disputes.Execution procedure is the last guarantee for law enforcement and also the most direct embodiment of legal effect. In the compulsory execution procedure, it should be executed in strict accordance with explicit legal provisions so as to make people recognize judicial credibility. There are many obstacles in the execution procedure of housing fund. Some cases even entered dilemma, and the judgment documents with legal force failed to be executed. Chinese housing fund system was established for only a short time. There’s only one law for it, Regulations on Management of Housing Fund. Hysteretic nature of law decides its weak enforceability and strong administration. In practices, usually appeal-involved letters and visits, the government and the fund management center negotiate and settle these cases through administrative means, not legal means. As a result, there is no legal ground for them.In this thesis, the author defined the legal nature of housing fund into limited personal property right. On the premise of not influencing its guarantee function, the court can make compulsory execution. From the perspective of the legal nature of housing fund, the author studied on enforceability of the fund and revealed the essence of “guarantee” of housing fund in order to protect judicial credibility. The purpose is to guarantee timely realization of the execution applicants’ creditor’s right, to make the judgment documents issued by the people’s courts to be executed, to maintain the minimum living guarantee for the persons subject to execution, to prevent cheating for housing fund through false action and to safeguard judicial justice. From both the theoretical perspective and the practical perspective, the study on compulsory execution system of housing fund is of great significance for learning the essence of “guarantee” of housing fund, executing judgment documents, making up for legal vacancy, building up judicial credibility and promoting the national strategy of “Rule of Law”.