中国军产房法律问题研究

发布时间：2018-03-28 02:25

本文选题：军产房　切入点：房地产　出处：《湖南师范大学》2014年硕士论文

【摘要】：军产房严格来说不是一个法律概念。随着房地产市场兴起而逐渐为人们所熟知。军产房长期以来处于法律监管缺位状态,导致军产房转让,置换可以过程中被用来牟取私利。原海军副司令王守业,总后勤部副部长谷俊山都曾担任总后勤部基建部部长一职,都在其职位上进行了严重的腐败行为。王守业在负责全军的营房改造过程中掌握大权,与承包商暗中勾结,负责建房的承包商大肆贿赂王守业,他还利用了军队住房改革的补贴政策贪污房款。谷俊山在军用土地的征用、置换过程中,获得巨大的利益,谷俊山在为什么可以批准这些不合理、不合法的项目?不言自明,制度漏洞带来的巨大的利益。军产房权属之所以模糊不清,是因为部队所占有的土地及不少房产,在计划经济时期,由地方政府无偿划拨给军队使用,甚至连基本的书面合同都没有。所以其权属一直有争议,需要军地双方进行协调裁决。伴随着房地产市场供求关系不平衡,房价持续走高,军队各单位利用军用土地进行房地产经营的热情也高涨。市场上流通的军产房以便宜的价格,不受“限购令”的约束而备受青睐。军队高级干部利用房地产寻租的行为也就泛滥开来。2013年,针对谷俊山案件,中央军委决定在全军进行大规模军产房普查清理,俗称“两普工作”。查清现有军产房的基本情况,建立完善房产基础数据库和基本建设项目排序。通过健全信息技术手段、完善法律法规制度体系,逐步实现军产房资源可视掌控、基建营房管理科学规范。普查的重点在于监控房地产的出租转让,严格控制军队场馆楼房的建设,清理干部不合理住房,不断完善军队人员安置住房保障制度政策。本文认为,普查清理工作不是治本之策,应当采取标本兼治。针对军产房现存的诸多负面事实,对军产房进行类型区分,完善监管制度。军产房暴露出的军队立法和地方不能相互衔接,各成体系的问题。如何保障军人的住房问题,规范军产房的经营。如何解决长期以来军队法律供给不足,管理不善。本文要对军产房问题进行系统的梳理,从现行立法和管理的漏洞,分析军产房存在的制度漏洞、法律风险,找出问题的症结并借鉴国外的经验提出解决的方法。
[Abstract]:Military property is not strictly a legal concept. With the rise of the real estate market, people are gradually familiar. Military houses have long been in a state of lack of legal supervision, leading to the transfer of military houses. The replacement can be used for personal gain in the process. Wang Shouye, the former deputy commander of the Navy, and Gu Junshan, deputy director of the General Logistics Department, all held the post of head of the infrastructure department of the General Logistics Department. Wang Shouye was in charge of the transformation of barracks throughout the army, and colluded secretly with contractors, who were in charge of building houses and bribing Wang Shouye. He also used the subsidy policy of the army housing reform to embezzle the housing funds. Gu Junshan gained huge benefits in the process of expropriation and replacement of military land. Why can Gu Junshan approve these unreasonable and illegal projects? It goes without saying that the huge benefits brought about by the loopholes in the system. The reason why the ownership of military houses is unclear is that the land and many real estate occupied by the troops were allocated to the army for use by the local governments without compensation during the planned economy period. There is no even a basic written contract. Therefore, the ownership of the contract has always been controversial and requires a coordinated ruling between the military and the local authorities. With the imbalance between supply and demand in the real estate market, housing prices continue to rise. The enthusiasm of all military units to use military land for real estate management is also high. Military property houses circulating in the market are being sold at cheap prices. The practice of rent-seeking by senior military cadres using real estate has been rampant. In 2013, in response to the Gu Junshan case, the Central military Commission decided to conduct a large-scale military house census and clean-up in the entire army. Commonly known as "two popular work," to find out the basic situation of the existing military labor room, to establish and improve the housing infrastructure database and infrastructure project ranking. Through sound information technology means, improve the system of laws and regulations, Gradually realize the visible control of the resources of the military delivery rooms, the scientific standard of the management of the infrastructure barracks. The focus of the census is to monitor the rental and transfer of real estate, strictly control the construction of military stadiums and buildings, and clean up the unreasonable housing of cadres. This article holds that the general survey and cleaning up work is not the solution to the root cause, and should be dealt with both at the root and the root of the problem. In the light of the many negative facts existing in the military maternity room, the article distinguishes the type of the military delivery room. Perfecting the supervision system. The military legislation and the localities exposed by the military delivery rooms cannot be linked up with each other. How to ensure the housing problems of the military personnel and standardize the management of the military maternity houses? how to solve the long-standing shortage of the military law supply? This paper systematically combs the problem of military maternity room, analyzes the system loophole and legal risk of military delivery room, and draws lessons from the experience of foreign countries to solve the problem.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.29

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