Study On The Legal Mechanism Of The Exit Of Public Rental Housing

The development of public rental housing needs the support of the corresponding legal system.Ensuring the effective circulation of public rental housing is an important part of public rental housing management,and the withdrawal of public rental housing supervision is undoubtedly the top priority.However,in recent years,scholars have done little research on this aspect from the perspective of law,and there are very few literatures that use case study methods.At present,the management of public rental housing presents a low level of legislation and low coercive force at the legislative level.This leads to the lack of complete supporting measures for the supervision of public rental housing,so that its withdrawal from supervision cannot be effectively implemented;The rising housing prices in the region,and the people who meet the conditions of public rental housing are increasingly fiercely competing for high-quality public rental housing.Therefore,out of consideration for the effective recycling of public rental housing,and the possible corruption within the government It is very important to carry out reasonable protection and relief for qualified applicants and tenants.This study takes the protection of the rights of applicants and tenants as the starting point,and demonstrates the feasibility and necessity of the withdrawal of the supervision mechanism of public rental housing in China through case analysis.This article mainly uses the form of case analysis report to "814 Changzhou Housing Security Center and Jiang Honggen Housing Lease Contract Dispute Case","Liu Lingling and Beijing Yizhuang Real Estate Co.,Ltd.Housing Lease Contract Dispute Case" and "Li Keqing and Mingxi County Housing and Urban-Rural From the perspective of the Housing and Rental Contract Dispute Case of the Planning and Construction Bureau,through the introduction of the basic situation of the three cases,the focus of the legal disputes involved in the three cases is summarized,and legal analysis and discussion are carried out,hoping to effectively realize public rental housing The original intention of the legislation is to truly solve the housing needs of more low-and middle-income people and promote the sound development of China’s public rental housing system.Except for the introduction and conclusion,this article consists of three parts.The first part focuses on the basic situation of three cases and the focus of their disputes.First,explain the facts of the case;second,analyze the court’s trial ideas and judgment results;and finally,summarize the dispute points of the case: including whether the focus of the first public rental housing exit is to apply the relevant government policies first,and the focus of the second public rental housing exit regulatory body Whether it is qualified,whether the action of the three lessors to cancel the lessee’s public rental housing allocation is legal.The second part analyzes the legal issues arising from the focus of disputes in the case.First,it starts with the difference between public rental housing and other affordable housing,and summarizes the concept of public rental housing.Second,it discusses the legal nature of public rental housing rental contracts through relevant theoretical doctrines.Finally,combining the cases discussed in this article,the supervision of public housing rental exit The main body and rights and responsibilities are analyzed.The third part draws the conclusion and enlightenment of the case.That is,on the basis of legal analysis,it is concluded that the withdrawal of public rental housing should be subject to the relevant government policies;Beijing Yizhuang Real Estate Co.,Ltd.is not a qualified regulatory body as a for-profit enterprise,and should stipulate that the administrative agency be a unified public rental housing supervision body;and leasing The lawful conclusion of the party ’s disqualification of the lessee ’ s public rental housing allocation.Finally,through the case study and legal analysis of this article,the research enlightenment of public rental housing withdrawal supervision in practice is obtained,that is,the establishment of the personal credit collection mechanism of the tenant,to help the public rental management department to keep abreast of the dynamic changes of the tenant information;improve the public rental housing The reward and punishment mechanism for withdrawing from supervision will jointly promote the harmonious and effective operation of the exit system for public rental housing.