China’s Common Property Right Housing Property Rights Analysis

Housing is the basic condition for the survival and development of human beings.To guarantee the housing of citizens is in line with the constitutional theory and the requirements of social development.Since the founding of New China,China’s housing security system has achieved some success.However,with the gradual increase in housing demand among the low-income groups,the existing housing security system is difficult to meet the family demands whose income is at the lower-middle level.The emergence of a common housing system opens a breakthrough for the resolution of this contradiction.This paper starts with the study of the common property housing system model that is being vigorously promoted in the six pilot cities in China,and studies the content of the property rights and obligations under the common ownership housing system in theory and practice.In China’s practice,the ownership of housing under the common property housing system is more defined by the ownership of shares,but some cities also choose the property rights of equity investment.The share-based model is a better choice from the perspective of protecting the rights of buyers in a weak position,strengthening the autonomy of rights,expanding the scope of the system,and addressing the long-term development of systems that may arise in the future.Based on this,each co-owner has the right to possess,use,profit and dispose of,and has the obligation to preserve and improve the shared property housing.However,there are certain restrictions on the exercise of rights and the performance of obligations.