On The Perfection Of Housing Accumulation Fund Legal System

The housing system is an important system that concerns the people's livelihood,the deepening of reform and the well-being of the people.It is also one of the great concerns of the people.Before the reform and opening up,China mainly relies on the welfare-oriented public housing distribution system to solve the housing problem of urban residents.After the reform and opening up,China reformed the original housing system,established the urban housing system which is adaptive to the socialist market economy and achieved the commercialization and socialization of housing.As an important reform measure of the housing system,housing provident fund system has played an irreplaceable role.In 1991,China absorbed and drew on successful experience in settling the housing problems of Singapore and HongKong.China established the housing provident fund system in Shanghai,changed the investment system in which houses were assigned by the government or company and created the housing model which need the country,company and Individual took on their own burdens reasonably.With the stablished the housing provident fund system in Shanghai and further development of the housing system reform,the welfare-oriented public housing distribution system officially stepped out of the history,and housing provident fund system was built up in the country.Since the establishment housing provident fund system,it has played an active role in promoting the housing system reform,speeding up the urban housing construction and improving the housing conditions.However with the further commercialization and marketization of housing,the housing provident fund system encountered new challenges.As the housing provident fund system was not timely adjusted and improved,its problems were increasingly prominent.Firstly,laws and regulations of the housing provident fund system are too lagging behind.China's current Housing Provident Fund Management Regulations was revised in 2002,and the society,economy and many other factors have changed tremendously.However,the guiding legal norms were not amended accordingly.Legislative lag inevitably leads to a lawless situation in the provident fund management,which violates China's socialist concept of the rule of law.Secondly,as an important housing security system,the housing provident aimed to help the mid-and low income groups buy houses on their own and relieve their stress.But in actual operation,due to the irrationality of deposit and the imperfection of operation,it is difficult for low income group to use housing provident fund to solve their own housing problems and the housing security function of housing provident fund system was difficult to work.This is contrary to the original intention of housing provident fund system.Thirdly,at present,there are some problems in the setting of the administrative organization,which leads to the unscientific decisions and absences of supervision.Therefore,the improvement of the housing provident fund system is the requirement of fully implementing the requirements of governing the country according to law,is the requirement of giving full play to the housing security function,is the requirement of promoting the scientific decisions and strengthening supervision and management of provident fund.Based on a series of normative legal documents of housing provident fund system in China and domestic and foreign housing security and housing finance system,this paper analyzes the present situation and existing problems of housing provident fund system in China by means of literature research and comparative analysis,and puts forward some suggestions.This paper is divided into five parts.The first part is the introduction,discussing the housing fund system background,purpose,domestic and foreign research status,innovations and the frame of this paper.The second part is an overview of the housing provident fund system in China,introducing the concept,characteristics,nature,function and historical evolution of the housing provident fund.The third part carries out the relevant system of housing security and housing finance in Singapore,the United States,Germany and Japan.This part also introduces and discusses the successful experiences of these countries in solving the housing problem,and provides a reference for the improvement of the housing provident fund system in China.The fourth part analyzes the existing problems of the housing provident fund system on the basis of the previous context,including the imperfection of housing provident fund legislation,the unscientific setting of the organization,the irrational regulations of the deposit and the imperfection of operating provisions.The fifth part mainly puts forward effective solutions to accelerate the housing provident fund legislation,perfect the organization,develop reasonable deposit regulations and improve the operational requirements.The author sincerely hopes to make a contribution to perfecting the legal system of the housing provident fund.