我国公共租赁住房供给法律制度研究

发布时间：2018-07-05 02:57

本文选题：公共租赁住房 + 供给　；参考：《山西财经大学》2017年硕士论文

【摘要】：住宅权是我们每个居民应当享有的基本权利,随着我国住房制度的发展与改革,我国的住房供给模式已经从90年代的住房福利制发展到现在的市场配置和政府保障相结合的“双轨制”住房供给模式。但是随着我国经济的飞速发展,住房供应开始过度的商品化,商品房价格不断攀升,一些新参加工作或刚就业的大学毕业生以及进城务工的农民工等中低收入人口无法负担高额的房价,住房困难问题突出。为了解决这部分群体的住房困难问题,我们国家开始逐步优化住房供应端,建立以公共租赁住房为主的住房保障供给体系。公共租赁住房是政府提供优惠政策,将其所持有的的房屋以低于市场价的租金租给城镇低收入困难家庭,缓解住房供需矛盾的一种保障性住房。2016年,我国发布《加快培育和发展住房租赁市场的若干意见》,其中提出要不断完善法律法规,逐步形成保基本、促公平、可持续的公共租赁住房保障体系,同时在“十三五”规划中政府强调要健全住房供应体系,扩大公共租赁住房保障范围,实现公共租赁住房的货币化,建立购租并举的住房制度。然而,由于我国的立法不健全,我国公共租赁住房的供给制度存在一些问题,比如立法体系建设不完善,政府的法律责任不明确,融资制度存在缺陷,土地供应制度不健全等等。这些法制缺陷制约着我国公共租赁住房的发展,不利于中低收入的夹心层群众解决住房困难问题。要解决这些问题,必须要完善跟公共租赁住房的供给制度相关的法律法规。本文借鉴了国外的相关研究成果,并结合了国内典型地区的相关实践经验,以经济法学、社会法学为基础,对我国的公共租赁住房供给制度进行了深入的探讨。首先阐述了我国公共租赁住房的概念和法律特征;其次重点分析了我国上海、深圳、北京等典型地区的公共租赁住房供给立法,提出了我国地方上的公共租赁住房供给法律制度存在的主要问题;再次通过对英国、美国、日本三个国外典型国家的公租房供给法律制度的对比、分析和研究,得出了一些有益的经验,如法律体系完整,政府作用主导以及拥有完善的资金筹集机制和完备土地供应制度。最后在对公租房供给的法律基础进行探讨后,提出要建立完善的公租房供给法律制度,包括完善政府职能以及完善资金筹集机制,土地供应制度等公租房供给相关的具体法律制度。文章中对公共租赁住房供给法律问题的研究对我国政府为主,市场参与为辅的城镇住房保障法律体系的完善有着一定的现实意义。
[Abstract]:Housing right is the basic right that every resident of us should enjoy. With the development and reform of housing system in our country, The housing supply mode of our country has developed from the housing welfare system in the 1990s to the "two-track" housing supply mode which combines the market allocation with the government guarantee. However, with the rapid development of our economy, the housing supply began to be over-commercialized, and the price of commercial housing continued to rise. Some new or newly employed college graduates as well as migrant workers in cities and other low- and middle-income people can not afford high housing prices, housing problems highlighted. In order to solve the housing difficulties of this group, our country began to gradually optimize the housing supply end and establish a housing security supply system based on public rental housing. Public rental housing is a kind of affordable housing that the government offers preferential policies to lease the houses it holds to low-income families in cities and towns at below-market rents, easing the contradiction between the supply and demand of housing. China has issued several opinions on speeding up the cultivation and development of the housing rental market, in which it is proposed to continuously improve the laws and regulations, and gradually form a basic, fair and sustainable public rental housing security system. At the same time, in the 13th Five-Year Plan, the government stressed the need to improve the housing supply system, expand the scope of public rental housing security, realize the monetization of public rental housing, and establish a housing system with simultaneous purchase and rent. However, due to the imperfect legislation of our country, there are some problems in the supply system of public rental housing in our country, such as the imperfect construction of the legislative system, the unclear legal responsibility of the government, and the defects of the financing system. Land supply system is not perfect and so on. These legal defects restrict the development of public rental housing in our country, and are not conducive to solving the housing difficulties of the middle and low income sandwich class people. To solve these problems, we must perfect the laws and regulations related to the supply system of public rental housing. This paper draws lessons from the relevant research results of foreign countries and combines the relevant practical experience of typical areas in China. Based on the economic law and social law, this paper makes a deep discussion on the supply system of public rental housing in China. Firstly, the concept and legal characteristics of public rental housing in China are expounded. Secondly, the legislation on the supply of public rental housing in Shanghai, Shenzhen, Beijing and other typical areas is analyzed. The main problems existing in the legal system of the supply of public rental housing in our country are put forward. Thirdly, through the comparison, analysis and study of the legal system of the supply of public rental housing in three typical foreign countries, the United Kingdom, the United States and Japan, Some useful experiences are obtained, such as the integrity of the legal system, the leading role of the government, and the existence of a sound fund raising mechanism and a complete land supply system. Finally, after discussing the legal basis of the public rental housing supply, the author proposes to establish a perfect legal system of public rental housing supply, including perfecting the government function and the mechanism of raising funds. Land supply system and other public rental housing supply related to the specific legal system. The research on the legal issues of public rental housing supply in this paper is of practical significance to the improvement of the legal system of urban housing security, which is mainly provided by the government and supplemented by market participation.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.29;D922.182

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