共有产权住房制度研究

On Rules of Shared Property House

对中国现行住房供应体系的建立和发展进行了研究,认为现行住房供应体系存在无法有效解决特定历史阶段,个体保障对象支付能力动态变动与保障群体总量相对稳定之间的矛盾;没有有效衔接保障与市场间的关系等问题。共有产权住房作为一种运行机制,可以在需求导向型理念下实现保障对象支付能力与实物型保障房供给之间的内在统一,又使得实物型保障房与商品房的互相转化更加顺畅,进而逐步实现住房保障的市场化运行。所谓住房保障市场化运行主要指实物型保障房获取土地、开发建设、销售方式以及保障房的租金与售价的市场化。在产权共有期间,保障对象是保障房的实际使用者,因此,应该承担相应的法律义务和侵权责任。

With a research on the establishment and development of the current housing supply system in China,the paper finds that the current housing supply system could not solve the contradiction between the dynamic change of the payment ability of the individual object of indemnificatory housing and the relative stability of the total amount of the objects at a specific historic stage. It also could not solve the problems such as there is no effective convergence of the relationship between indemnification and the market. The paper points out that shared property house,as an operational mechanism,can achieve the internal unification of payment ability of the objects and supply of the indemnificatory houses under demand-oriented conception; also it can make smoother the transition between indemnificatory houses and commercial houses,and then achieve the market-oriented operation of housing security gradually. The housing security market operation mainly refers to the marketization of land acquisition of indemnificatory houses,development and construction,sale methods,and the rent and the price of indemnificatory housing. In addition,the paper points out that during the period of shared property,the objects are the actual users of indemnificatory houses. So they should take the relative responsibility of legal obligation and tort liability.