Employee Housing Accumulation Fund Equity Relief Research On Mechanism

As a kind of policy financial instrument,housing accumulation fund plays an indelible role in stabilizing house price and ensuring residents’ demand.However,in recent years,due to some private enterprises’ passive performance of the payment obligation of housing accumulation fund,the phenomenon of non payment and non payment often occurs,which makes the housing accumulation fund system unable to operate effectively to alleviate the pressure of employees’ house purchase,and the individual housing demand of employees is difficult to be effectively guaranteed.The main reason for this phenomenon is that the housing accumulation fund is a housing security system introduced from Singapore.After the introduction of the system,it is found that it is not compatible with China’s national conditions,and can not provide a sound relief mechanism to ensure its operation in accordance with the current law.Finally,some enterprises and institutions are allowed to infringe on the rights and interests of employees’ housing accumulation fund.There are two relief mechanisms in the housing accumulation fund system: administrative relief and judicial relief.Administrative relief is mainly manifested in the administrative penalty power given to the management center of housing accumulation fund by the regulations on the management of housing accumulation fund,which makes it clear that the management center can punish the employer who refuses to perform the obligation of payment of housing accumulation fund.There are two main problems existing in administrative relief.One is that the administrative regulations only stipulate the punishment power of the management center,but the investigation and punishment power of the collection of illegal materials and the inquiry of relevant personnel are not clear.The other is that there is a conflict between the nature of the management center and its punishment power according to the relevant laws and regulations of the classification of public institutions.Both of them lead to the lack of law enforcement authority and low efficiency of relief when the management center performs the responsibility of punishment right;judicial relief refers to that the people’s court accepts the dispute lawsuit about the payment of housing provident fund brought by the employees to the employer,and provides relief for the employees whose rights and interests are infringed by the provident fund through judicial trial right.However,in judicial practice,the legal nature of the housing accumulation fund is not clear in the administrative regulations,and according to the provisions of the labor dispute mediation and arbitration law,only when the accurate housing accumulation fund is defined as salary,welfare,social insurance or other attributes,can it meet the conditions of entering the scope of labor dispute.However,the legal nature of the housing accumulation fund system has not been clear up to now In addition to the causes of labor disputes,there are no other appropriate causes that can be applied to the trial of disputes over the payment of housing provident fund between employees and enterprises,resulting in the people’s court’s indirect loss of jurisdiction over the payment of housing provident fund.As for the different problems of the two relief mechanisms,this paper suggests to solve them from different perspectives.For administrative relief,the administrative relief mechanism can be strengthened by transferring the supervision and collection responsibilities of the management center.For judicial relief,we can make clear its social welfare attribute by combining the mandatory and social security characteristics of housing fund,so as to establish jurisdiction for the judicial organ when dealing with the dispute cases of housing fund payment.