| In order to control the rate of population growth in the early years,my country implemented a family planning policy and encouraged late marriage and late childbirth.Now,"421" families are increasing day by day.With the rapid economic development,the continuous improvement of medical standards,the national physical and cultural qualities are getting higher and higher,the average life expectancy is prolonged,and the aging population continues to increase.Under China’s basic national conditions and traditional ideas,real estate has become a lifelong demand,and most of the family’s income source is used to buy real estate.The phenomenon of "real estate rich,cash poor" is increasingly prominent.In addition,China’s old-age security system is not perfect,and the aging problem is becoming more and more serious,more and more complex and diverse.To solve the old-age group’s old-age problem,the diversification of the old-age security path is an urgent matter.At present,as an emerging concept,"using housing for old age",on the premise of drawing on successful experience from abroad,if it is widely promoted and developed in the country,it will produce great social benefits and will make a tremendous contribution to China’s old-age security system..Even in the current promotion process,there are still many obstacles that hinder the operation of housing for the elderly,and there is a need to continuously deepen reform.After consulting the relevant literature,the author found that the theoretical research results on housing for the elderly are mainly focused on feasibility studies and risk management,which are more related to economics,management,finance and other disciplines.The research results at the legal level are very much less.Therefore,this article will focus on the analysis of the legal obstacles highlighted in the implementation of the housing pension system,put forward countermeasures and suggestions to improve the housing pension system,and promote the housing pension system to gradually become China’s basic pension business supplement.Apart from the introduction and conclusion,the full text is divided into four parts:The first part is a basic overview of housing pension.It mainly introduces the meaning of housing pension,from three aspects of concept,characteristics and legal nature.At the same time,due to the complexity and comprehensiveness of housing pension,the legal relationship is intertwined,and the legal relationship involved in the housing pension system must be clarified.The second part is to explore the practice of housing pension system in China.In recent years,China has gradually carried out pilot work on housing pension systems in various places.In this part,pilot cities are used as an entry point to investigate and analyze the operating conditions,operating modes,and operating status of cities in Nanjing,Beijing,Shanghai,and Wuhan.By analyzing the general problems exposed during the pilot operation in various regions,the main reasons for the difficulty in implementing the housing pension system are summarized.The third part is the legal dilemma in the implementation of housing pension system.This part deeply analyzes and discusses the legal obstacles encountered in the implementation of the system.At the level of the property law,the provision of“allowing the debtor to pay off the debt with the ownership of the collateral” in the housing pension conflicts with the liquidity clause.The laws and regulations clearly stipulate that the homestead cannot be used for mortgage,and exclude the homestead from the housing pension system.Under the special national conditions of our country,the limitation of the land use period increases the risk of housing pension system;at the level of contract law,there is no uniform and clear standard in the operation of each pilot city,the definition of subject qualification is vague,and the agreement on the object is inconsistent and the rights and obligations are not clear The regulations make it difficult to widely promote housing pensions;at other legal norms,the insurance law as a law has inherent lags,failing to keep up with social development,the separate operation of the financial industry and the comprehensive contradiction of housing pensions The lack of government guidance on taxation policy makes the housing pension system lack of impetus.The fourth part is to promote the legal system of housing pension system.Aiming at the legal problems existing in the Property Law,Contract Law and other legal norms,on the basis of research on related issues,we put forward legal suggestions for the implementation of the housing pension system in China,hoping to put forward a new way of thinking about China’s pension security business Contribute to the smooth development of this system in China. |
