廉租住房制度的法律问题研究
发布时间：2019-02-25 20:14
【摘要】：住房是人们基本生活要素,同时具备社会属性和经济属性。就社会属性而言,住房反映了社会中人与人、两个或多个经济独立个体间在住房资源的生产、分配、交换和处置上的社会关系。在经济属性方面,住房在市场经济环境下已经成为了一种商品,不管是其数量、价格亦或是分配、政策意向都受到市场供需条件的影响。宏观方面看,住房市场受全球经济大局的影响,具有住房投资巨额性的特点；微观方面看,个人的居民收入会直接影响住房资源的分配,而住房水平的高低又决定了社会地位的差异。故廉租住房制度的实施成为各国解决住房贫富差距、维护社会稳定的一种重要社会保障制度。中国社会经济的发展现状以及发展方向决定了廉租住房制度在中国施行的可行性和必要性。我国的廉租住房制度起步较晚,可以说尚处于制度试行阶段。1998年7月,国务院于《关于进一步深化城镇住房制度改革,加快住房建设的通知》(国发[1998]23号)中第一次提出了廉租住房的概念,并开始正式将廉租住房制度归入城市多层次住房供应体系；1999年4月22日,建设部在总结上海等试点城市经验的基础上发布了《城镇廉租住房管理办法》(建设部[1999]第70号令),对廉租住房的管理体系、适用对象、实施机制、责任范围等进行进一步细化,形成了指导性意见,廉租住房雏形至此形成。为了不断推进全国廉租住房制度的适用性,建设部会同财政部、民政部、国土资源部、国家税务总局共同签发了《城镇最低收入家庭廉租住房管理办法》(建设部第120号令),并于2004年3月1日正式实施,取代了1999年4月22日颁布的《城镇廉租住房管理办法》。至此,我国廉租住房制度的基本框架初步形成。本文试图对廉租住房制度出现的问题从法律层面进行具体分析,并对如何完善我国廉租住房制度的法律措施提出若干建议。 本文先从廉租住房和廉租住房制度的概念进行分析,分别从廉租住房制度的特征、法理基础方面进行分析,得出廉租住房对社会发展的重要性。然后,再简略介绍国外廉租住房制度较为完善的几个国家以及香港地区廉租住房保障制度的经验,从国外和香港地区在住房制度方面的成功经验进行经验介绍和借鉴。接着再就我国廉租住房制度实施过程中产生的问题进行分析,并针对问题提出要完善我国廉租住房法律制度,对于最低收入家庭住宅权的保障以及我国廉租住房制度的完善将起到积极作用。
[Abstract]:Housing is a basic element of people's life, with both social and economic attributes. As far as social attributes are concerned, housing reflects the social relations between people and two or more independent individuals in the production, distribution, exchange and disposal of housing resources. In terms of economic attributes, housing has become a commodity in the environment of market economy, no matter its quantity, price or distribution, the policy intention is affected by the supply and demand conditions of the market. From the macro point of view, the housing market is influenced by the global economic situation and has the characteristics of huge investment in housing; From the microcosmic point of view, the income of individual residents will directly affect the distribution of housing resources, and the level of housing determines the difference of social status. Therefore, the implementation of low-rent housing system has become an important social security system to solve the gap between the rich and the poor in housing and maintain social stability. The current situation and direction of China's social and economic development determine the feasibility and necessity of the implementation of the low-rent housing system in China. China's low-rent housing system has started relatively late, and it can be said that it is still in the trial stage of the system. In July 1998, the State Council further deepened the reform of the urban housing system. For the first time, the concept of low-rent housing was put forward in the notice of speeding up the construction of housing (No. 1998), and the system of low-rent housing was formally incorporated into the urban multi-level housing supply system. On April 22, 1999, on the basis of summing up the experience of Shanghai and other pilot cities, the Ministry of Construction issued the measures for the Management of Urban low-rent Housing (decree No. 70 of the Ministry of Construction [1999]), the management system for low-rent housing, the applicable objects, and the implementation mechanism. Responsibility scope for further refinement, formed a guiding opinion, low-rent housing embryonic form to form. In order to continuously promote the applicability of the national low-rent housing system, the Ministry of Construction, together with the Ministry of Finance, the Ministry of Civil Affairs, the Ministry of Land and Resources and the State Administration of Taxation, jointly issued the measures for the Administration of low-rent Housing for Urban minimum-income families (decree No. 120 of the Ministry of Construction). It was formally implemented on March 1, 2004, replacing the measures for the Administration of Urban low-rent Housing, which was promulgated on April 22, 1999. So far, the basic framework of low-rent housing system has been formed. This paper attempts to analyze the problems of the low-rent housing system from the legal level, and puts forward some suggestions on how to improve the legal measures of the low-rent housing system in China. This paper first analyzes the concepts of low-rent housing and low-rent housing system, analyzes the characteristics and legal basis of low-rent housing system, and draws the conclusion that low-rent housing is of great importance to social development. Then, this paper briefly introduces the experience of the low-rent housing security system in several foreign countries and Hong Kong, and introduces and draws lessons from the successful experience of the foreign and Hong Kong areas in the housing system. Then it analyzes the problems arising in the process of implementing the low-rent housing system in China, and proposes to improve the legal system of low-rent housing in our country. It will play a positive role in the protection of the housing rights of the lowest-income families and the improvement of the low-rent housing system in China.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.29;F299.23
，
本文编号：2430499
[Abstract]:Housing is a basic element of people's life, with both social and economic attributes. As far as social attributes are concerned, housing reflects the social relations between people and two or more independent individuals in the production, distribution, exchange and disposal of housing resources. In terms of economic attributes, housing has become a commodity in the environment of market economy, no matter its quantity, price or distribution, the policy intention is affected by the supply and demand conditions of the market. From the macro point of view, the housing market is influenced by the global economic situation and has the characteristics of huge investment in housing; From the microcosmic point of view, the income of individual residents will directly affect the distribution of housing resources, and the level of housing determines the difference of social status. Therefore, the implementation of low-rent housing system has become an important social security system to solve the gap between the rich and the poor in housing and maintain social stability. The current situation and direction of China's social and economic development determine the feasibility and necessity of the implementation of the low-rent housing system in China. China's low-rent housing system has started relatively late, and it can be said that it is still in the trial stage of the system. In July 1998, the State Council further deepened the reform of the urban housing system. For the first time, the concept of low-rent housing was put forward in the notice of speeding up the construction of housing (No. 1998), and the system of low-rent housing was formally incorporated into the urban multi-level housing supply system. On April 22, 1999, on the basis of summing up the experience of Shanghai and other pilot cities, the Ministry of Construction issued the measures for the Management of Urban low-rent Housing (decree No. 70 of the Ministry of Construction [1999]), the management system for low-rent housing, the applicable objects, and the implementation mechanism. Responsibility scope for further refinement, formed a guiding opinion, low-rent housing embryonic form to form. In order to continuously promote the applicability of the national low-rent housing system, the Ministry of Construction, together with the Ministry of Finance, the Ministry of Civil Affairs, the Ministry of Land and Resources and the State Administration of Taxation, jointly issued the measures for the Administration of low-rent Housing for Urban minimum-income families (decree No. 120 of the Ministry of Construction). It was formally implemented on March 1, 2004, replacing the measures for the Administration of Urban low-rent Housing, which was promulgated on April 22, 1999. So far, the basic framework of low-rent housing system has been formed. This paper attempts to analyze the problems of the low-rent housing system from the legal level, and puts forward some suggestions on how to improve the legal measures of the low-rent housing system in China. This paper first analyzes the concepts of low-rent housing and low-rent housing system, analyzes the characteristics and legal basis of low-rent housing system, and draws the conclusion that low-rent housing is of great importance to social development. Then, this paper briefly introduces the experience of the low-rent housing security system in several foreign countries and Hong Kong, and introduces and draws lessons from the successful experience of the foreign and Hong Kong areas in the housing system. Then it analyzes the problems arising in the process of implementing the low-rent housing system in China, and proposes to improve the legal system of low-rent housing in our country. It will play a positive role in the protection of the housing rights of the lowest-income families and the improvement of the low-rent housing system in China.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.29;F299.23
，
本文编号：2430499
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