Study On The Legal Issues Of The System Of Housing Shared Ownership

The problem that it is difficult for low-income groups to buy houses has always been concerned by the state and society,especially in recent years,the discussion and heat caused by this problem are high.Although the government has taken a series of positive measures,such as the implementation of affordable housing,low rent housing policy,to deal with this problem.However,due to the characteristics of the policy itself,such as market price reduction,housing quality and poor location,the series of policies can only alleviate the housing plight of low-income groups to a certain extent,and cannot really and effectively solve the housing problem of low-income groups.In order to better deal with the problem of low and middle-income groups’ difficulty in purchasing houses,China has launched a housing policy with initial form of shared ownership housing policy since 2007 in some areas.In 2014,the policy guidance jointly issued by the six ministries and commissions marked the official launch of the relevant policies of the shared ownership housing in China.The housing policy of common property right is a positive attempt and powerful measure made by our government to deal with the housing difficulties of low-income groups.It is a more suitable housing security policy for low-income groups based on fully summarizing the advantages of low rent housing and affordable housing and avoiding the disadvantages of low rent housing and affordable housing.In fact,condominium housing has a long history outside China.Countries such as the United Kingdom,the United States and Australia,combined with their own characteristics,have formed a relatively complete system of condominium housing.Since 2007,when China first implemented the policy of shared ownership housing,after several years of practice and operation,it has successfully realized the distribution of shared ownership housing.Since then,several cities have correspondingly become pilot cities,and began to implement the policy of shared property housing.However,although the shared ownership housing has solved the housing security problem of some groups,due to the theoretical and lagging nature of the policy itself,and there is still room for improvement in the implementation of the policy,so in China,the current shared ownership housing policy is still in the trial stage.This paper mainly adopts the research methods of literature analysis,comparative analysis and multi-disciplinary analysis.On the basis of a comprehensive introduction to the concept of shared ownership housing and the pilot operation history of shared ownership housing policy,by comparing with the existing housing types,it systematically combs the defects of shared ownership housing in theory and practice,and absorbs and draws on the positive experience of foreign countries.It also puts forward some suggestions on the development and improvement of the housing policy of the common property right in China.The main body of this paper is composed of four parts,including the definition of the common property right housing,the legitimacy and necessity of the system itself,the current situation of domestic development and foreign experience summary,and the improvement of the common property right housing system.In the first part of this paper,through the definition of the concept of shared ownership housing,the significance of setting up " shared ownership housing is to solve the housing problem of low-income groups" is introduced,and the development process and implementation status of shared ownership housing policy in practice are explained,then the nature and characteristics of shared ownership housing are highlighted,and the distinct policy and shared ownership are clarified and property.In addition,through comparison with other existing housing types,such as commercial housing,affordable housing,public rental housing,etc.,in order to deepen the characteristics of shared ownership housing,it shows that shared ownership housing is the product of both the development of the times and policy regulation,while laying a theoretical foundation for the following discussion of its legitimacy and necessity.The second part of this paper sums up the real right characteristics of the shared ownership housing.On the one hand,it discusses the practical advantages and necessity of the shared ownership housing from the perspective of the shared ownership housing;on the other hand,it analyzes the rationality and contemporaneity of the existence and development of the shared ownership housing in China from the perspective of policy;on the other hand,it analyzes the rationality and contemporaneity of the shared ownership housing through the existing housing mentioned above based on the analysis of the characteristics of the housing type,this paper summarizes the characteristics of the group,the house and the policy,and concludes that the housing type with common property right is the upgrading and supplement of the existing housing type in property and policy.In the third part of this paper,through the introduction of the common property rights housing regulations in Britain,the United States,Australia and other representative countries,based on the background and development process of the common property rights housing,the author summarizes the legislative status and practice status of the common property rights housing in foreign countries at this stage,so as to learn from its successful experience,and on the basis of the national conditions of our country.To think about how to improve and perfect the housing with common property rights in China.The fourth part of this paper is on the basis of the above three parts,the positive suggestions and ideas for the development of China’s shared ownership housing.Through combing the existing legislation and relevant provisions of the shared property housing in China and combining with the experience and lessons of the domestic and foreign standards and practices of the shared property housing,the necessity of building a complete housing security law should be made clear in the development process of the shared property housing,and scientific and detailed housing security laws and regulations should be issued to guarantee the shared property housing from the perspective of legislative provisions.The authority of the housing policy is to regulate the housing source of the common property right and the qualification of the purchasers in detail,especially to determine the content of the right distribution of the common property right housing and the means of the right relief,so that the common property right housing can better adapt to the development of the times,effectively solve the problems for the low-income groups,and realize its due meaning in the process of national development.