“住改商”问题与对策之思考

Reflections on the Issues and Countermeasures of“Residential Houses to Commercial Houses”

我国现行法律规定的房屋属性仅有住宅用房和商业用房两类,“住改商”虽是历史遗留问题,但伴随着经济发展与城市规划变迁,其特殊的身份多年来一直受到争议。尽管《物权法》已确认“住改商”的合法性,但是在实际操作中仍然存在着较多的问题,为遵循立法初衷及平衡各方利益,“住改商”中间所存在的问题亟待解决。

The attributes of houses stipulated by the current laws of China are only residential houses and commercial houses.Although the“residential houses to commercial houses”is a historical issue,its special identity has been controversial with the economic development and urban planning changes.Although the Property Law has confirmed the legitimacy of the“residential houses to commercial houses”,there are still many problems in actual operation.In order to comply with the original intention of the legislation and balance the interests of all parties,the problems existing in the“residential houses to commercial houses”need to be resolved urgently.