浅析公共租赁住房制度

-精选财经经济类资料- -最新财经经济资料-感谢阅读- 1 浅析公共租赁住房制度 Abstract： In the late 20th century， Chinese housing reform has been implemented， and a lot of regulations promulgated. However， the government attaches great importance to housing security-related system， but so far there is no a fundamental law， which results in many confusions in housing construction and security . This paper analyses the current situation and problems of the public rental housing system， and points out the approaches to improve this system and promote the public rental housing system legalization process. 中国论文网 /5/view-5331152.htm -精选财经经济类资料- -最新财经经济资料-感谢阅读- 2 Key words： Public rental housing； Public rental housing system； Legal process The so-called public rental housing is an affordable housing which is provided by the policy. As well as it limits the area and the rent of the housing by the government to eligible middle-income families and other groups which need house to live in.i It is a policy and public social security housing for the “sandwich class”ii group. 1.The problems of Chinese public rental housing system 1.1 The issues of the access and exit mechanisms 1.1.1 The access mechanism Our personal and household income information systems are not perfect. It is difficult to accurately grasp the rental households information after their income or assets change， so the -精选财经经济类资料- -最新财经经济资料-感谢阅读- 3 family income statistics is hard to accurately reviewed by the government. The asymmetry of information will lead to such a problem that the residents take false means of concealing income to cheat the public rental housing. 1.1.2 The exit system Currently ， many families are leasing the public rental housing， but some of them who are no longer meet the conditions do not want to rent out. Facing to this situation， the government can not be forced to clean up. Because we are lack of a effective exit system under the law， the management can not be enforced. 1.2The issues of financing 1.2.1 The lack of the capital investment As the public rental housing is a welfare and commonweal， the governments subsidy is the main source of funding. The government can not get -精选财经经济类资料- -最新财经经济资料-感谢阅读- 4 rewards， so that it is difficult for the government to form a virtuous circle for its input and output. In addition， it is a system which is used to ensure the housing interests of low-income families in a long time， so the rental prices are very low， and difficult to attract the participation of social capital. 1.2.2 The single way of the financing Any link of implementing the public rental housing is inseparable from the government， including the financing. Currently， the financing way of the public rental housing is single， which makes the financing over-reliance on government funds and compresses the space of the market mechanism and the public rental housing financing. 1.3The issue of the absence of law At present， the establishment public rental housing system isaccording -精选财经经济类资料- -最新财经经济资料-感谢阅读- 5 to the guidance of accelerating the development of public rental housing. This shows that implementation of the public rental housing system is lack of a overall legal system to protect. And comparing with the advanced public housing system， the legal system needs to improve. Because of relying on the administrative means is not a long-term way. Moreover， solving the housing problems of the whole society is a long- term work， and the public rental housing system is in the initial stage， the effective implementation of the system depends on a strong law-based. Therefore， our public rental housing system to the direction of institutionalization is our primary problem to solve. 2.The experience on the public rental housing system of Hong Kong， China -精选财经经济类资料- -最新财经经济资料-感谢阅读- 6 The public housing is developed and built by the Hong Kong Housing Authority and Housing Department， which rents to low-income residents. The Hong Kong government wants to solve the housing difficulties of low-income families through the rental housing program. The following is a brief description of related systems of the public housing in Hong Kong. 2.1The access system First， by age： applicants must be at least 18 years old. Second， household size： at least two relatives who have lived with a partner， a single person can be registered in another independent roster. Third， the monthly housing income： household income must not exceed the income limits， the limits are reviewed annually. Fourth， have the property： the applicant or family members may not have a housing -精选财经经济类资料- -最新财经经济资料-感谢阅读- 7 application registered the property two years ago， signed a purchase agreement for residential property. Fifth， residence： the applicants and their majority family members must live in Hong Kong for seven years when they are allocated. Their two members must live in Hong Kong for seven years if the two families apply for the housing. If one couple apply for the priority application Elderly Scheme， only one of them lived in Hong Kong for seven years. 2.2 The way of financing The adequate and stable funding is necessary to the successful development of the public housing. Currently， the Hong Kong public housings construction has two main funding sources： On the one hand， the government allocates financing by free land allocation， to capital allocation and loan；On the other hand， the Housing Authority obtain the -精选财经经济类资料- -最新财经经济资料-感谢阅读- 8 funds which is used for maintaining and constructing the public rental housing by the rental housing and the commercial buildings. 2.3The prosecution system The mandatory prosecution system of Hong Kong is a powerful initiative， it has an important significance for the protection of the public rental housing admittance and quitting . The family which wanner to apply for the public housing is encouraged to register on the public rental housing Waiting List and to accept the family income and assets tests. The Housing Authority should review the income and asset limits on the Waiting List every year， to ensure that the limit coordinate the current economic and social situation， and to ensure genuine needs are eligible for public housing. If the household withhold any material information， the Housing Authority may -精选财经经济类资料- -最新财经经济资料-感谢阅读- 9 terminate the lease and may be prosecuted under the law. It is laid down in the Hong Kong Housing Ordinance that any person intent false information to the Housing Authority is an illegal activity. The offender is liable on conviction to a fine of HK $ 20，000 and to imprisonment for six months. 3.The improvement of Chinese public rental housing system - to promote the public rental housing system of legal process Because of some problems in our public rental housing system， as well as the analysis and summary of the public rental housing in Hong Kong China and other developed countries， we can see that the core issue of our public rental housing system implementation process is lack of long-term， effective laws to support and protection. Therefore， in the process of improving our public rental -精选财经经济类资料- -最新财经经济资料-感谢阅读- 10 housing system， promoting the public rental housing system of the legal process becoming a top priority. 3.1Formulate the relevant laws 3.1.1Formulate the Housing Act The absence of Chinese Housing Act led to the lack of responsibility on the citizens right of residence. To formulate the Housing Act not only regulates the development of the public rental housing system in China， but also the entire housing system in China.iiiIt should be a programs fundamental law of adjusting the housing relationship ， which should clear the governments obligations and responsibilities， establish a dedicated housing management agence， clear the right of “have room to live” specific system， etc. 3.1.2 Improving the supporting law Countries should establish the higher-level effective laws， the -精选财经经济类资料- -最新财经经济资料-感谢阅读- 11 specialized regulations and the subordinate laws according to different circumstances. So that we can achieve the common goal of the housing. The higher-level laws should include the Housing Act， the Housing Security Act， the Tax Law and the relevant law.The specialized law is to refine the specific content of the basic law， such as the urban low-income families Maintain measures， the measures for the administration of affordable housing applicants archives， the resident credit information sharing law. the main content of subordinate laws should be the specific implementation of higher-level laws， including clear objectives， clear division of tasks， strict reward and punishment system. 3.2 Improve the interrelated system Regulate the various systems of the public rental housing with laws and regulations， and actively build a sound -精选财经经济类资料- -最新财经经济资料-感谢阅读- 12 legal barriers to put the public rental housing system into the legalized track. 3.2.1 Improving the access and exit system of the public rental housing Firstly ， the government should improve the access system. One hand， we should clear entry criteria and implement the applicant information sharing. The relevant departments should clear the income reporting obligations of the applicants of the public rent housing and submit detailed information on their income， living conditions and stability of labor relations .So that we can enhance the effectiveness of the information submitted. At the same time， the relevant departments should require the applicant to submit declaration of integrity to clear fraud liability. In the other hand， the departments should increase the inspection in order to improve accuracy of the information. -精选财经经济类资料- -最新财经经济资料-感谢阅读- 13 Secondly， the government should improve the exit system：For one thing， we should prepare tenants files and strengthen supervision and management. The relevant departments should give appropriate preferential treatment of the public rental housing rent in the future by the credit rating. Meanwhile， the departments should also establish a strict regulatory mechanism： we should make periodic review to take corresponding measures for the lessee whose situation has changed. For the other thing， we should introduce the interest transmission mechanism to improve the rewards and penalties. The relevant departments should develop the incentive mechanisms， specifically that if the lessee initiatively get out of the public rental housing， the lessee will receive the corresponding preferential policies. In addition， we should increase the -精选财经经济类资料- -最新财经经济资料-感谢阅读- 14 punishment for some lessees deceit. 3.2.2 Expanding the housing availability and broadening the financing channels of the public rental housing For one thing， the expansion of the housing： except the government introduce of corporates， social organizations and individual social capital involved in constricting the new public rental housing， we must also purchase the vacant commodity housing， etc. to increase the total supply of the housing and reduce the pressure directly putting into a lot of money. So we can avoid the difficulties of real estate developers financial return. For the other thing， the expansion of the financing channels： in the financing process， we ignore aother financing channel of the public rental housing-the real estate developers own funds.iv This requires that the government -精选财经经济类资料- -最新财经经济资料-感谢阅读- 15 should be innovative means of financing for developers to provide a positive service. In addition， we should learn from foreign advanced experience that we should establish the long-term， special housing support fund which is composed of the central and