Research On The Legal Issues Of Building Rental Housing On Collective Construction Land

In order to alleviate the contradiction between supply and demand of urban housing and reduce the pressure of urban housing,the report of the 19 th National Congress of the Communist Party of China points out that we should speed up the establishment of a housing system featuring multi-subject supply,multi-channel guarantee and simultaneous rental and purchase.The proposal of using collective construction land to build rental housing is the key means to realize the simultaneous rental and purchase housing system.Up to now,China has determined to carry out the pilot project of using collective construction land to build rental housing in 18 cities.It is of great practical significance to study the legal problems in the process of promoting the pilot project.This paper takes the legal issues of collective construction land for the construction of rental housing as the research object and the overall system as the research content.The purpose of the research is to break down the institutional obstacles of using collective construction land for the construction of rental housing and put forward legal suggestions for the improvement of the system.The research of this paper is mainly divided into the following three parts.The first part analyzes the basic theory of collective construction land for building rental housing.The rental housing on collective construction land belongs to indemnatory rental housing,which has the characteristics of policy support,indemnatory and leasing.Use of collective construction land rental housing construction is in the urban housing pressure increasing,the CPC Central Committee put forward to build a multi-agent,multi-channel support,for the hire purchase and put forward under the background of the housing system,reduce the pressure on urban housing,promote the development of urban and rural integration,deepening the reform of rural land,and promote the construction of hire purchase and the significance of housing system;As an important link of the national housing system,the use of collective construction land to build rental housing has a profound theoretical basis.The second part analyzes the historical evolution,development status and legal problems of the collective construction land construction rental housing.The proposal of building rental housing on collective construction land has experienced two stages: early exploration stage and forming stage.Through the analysis of the current situation of the construction of rental housing on collective construction land and the implementation of the pilot situation in China,it is found that the legislation on the construction of rental housing on collective construction land only stays at the level of national policy.At present,there is no special legislation on it in China,and there is no basic law on housing security to provide legal basis.In the construction and operation of collective construction land,it is found that difficulties in construction financing,farmers’ rights and interests are easily infringed,and the balance of interest demands among various legal subjects is difficult to seriously hinder the normal implementation of the pilot.The third part: Suggestions on perfecting the legal system of building rental housing on collective construction land.Construction of collective construction land rental housing advance the construction of legal system should be legislation,appropriate protection,to protect the interests of the farmers,government intervention and the principle of marketoriented,to speed up the housing security aspects of the basic law provides the law basis for the construction of collective construction land rental housing,and establish the collective construction land rental housing construction special legislation for the pilot to provide legal guarantee in full swing;By perfecting the legal system of land supply,construction financing and the protection of farmers’ rights and interests,the legal mechanism of building rental housing should be improved to solve the problems of land supply obstacle,construction financing difficulty and farmers’ legal rights and interests being infringed easily.By improving the legal system of interest distribution,operation supervision and the protection of lessee’s rights and interests to improve the operation legal mechanism of rental housing,to solve the difficult balance of the interests of the project subject,the operation supervision system is not perfect,the lessee’s legal rights and interests are vulnerable to infringement.