With the constitution as the measure of China housing policy

 

In 1998 China carried out the reform of the housing system, a full cessation of the housing distribution in kind, the monetization of housing distribution. However, in the housing system reform after the success of a few years, Chinese housing began to appear problem, housing prices, high prices "imperial estate" to be constantly refreshed, Voices of discontent. The people, real estate has become the focus of the society and the media, so it's not. Although countries since 2006, one after another to the introduction of regulatory policy, what "country of six", "country of eight", "country of ten" and so on, tax, purchase limit, limit, limit the loan policies have been promulgated. However, the price is higher and higher, all the way up. However, what is the problem?

Government agencies, celebrities, celebrities and scholars, people are looking at the roots of the problem, some people think that the real estate market is out of the question; some people say that the real estate business is kidnapped government; some people say that crime in the "land finance"; some people think that the problem lies in the affordable housing policy and so on, these claims although not completely unjustified, but is also miss the point. Because, not only does not solve the problem, but high prices farther, with more and more. The one was not too complex problems into more complex.

In fact, the housing problem Chinese and not so complex, the root of the problem lies in the China housing policy has deviation, more precisely, is Chinese city housing policy problems.

Why do you say that?

Need to review two programmatic documents relevant national housing policy here.

The first file is awarded the 1998 "State Council on further deepening the reform of the urban housing system to speed up housing construction notice" (the [1998]23).

The guiding ideology of this paper is: "steadily promote housing commercialization, socialization, the new system of urban housing and gradually establish a socialist market economic system and China's national conditions; to speed up housing construction, urge the housing industry to become a new economic growth point, and continuously meet the housing needs of urban residents growing".

This paper proposes a national solve the housing problems of urban residents is the policy: the lowest income families rent by the government to provide low-cost housing units or; low-income families to purchase economic applicable housing; other high-income families purchase, leasing market commodity housing. The document also proposed the "economic applicable to the establishment and improvement of the housing oriented housing supply system" policy. For governments, the adjustment of housing investment structure, focus on the development of the economic application of the housing (housing project), to speed up the solve the housing problems of urban housing residents in difficulty. The new economic application of the housing sale price of government guidance price, determined according to protect the profit principle. Economic applicable housing construction should be consistent with the overall land use planning and the overall city planning, adhere to the rational use of land, land conservation principles. Economic applicable housing construction sites should be in the construction land use annual plan of overall arrangement, and take administrative allocation of supply.

This document specifies the national housing policy, there are mainly three categories, one is the low rent housing, provided by the government or unit to the lowest income families; two is the application of economic housing, low-income families purchase of such housing; three is the market price of the commodity housing, from the family of other high - income to buy or lease. However, the policy focus is the development of affordable housing, require the construction of economic applicable housing land should not only in construction land use annual plan arrangements, but also to take the form of administrative allocation of supply. This text is repeated on the representation of the documents before, but this is really very important.

Second documents are issued in 2003, "the State Council on promoting the sustained and healthy development of the real estate market" (the [2003]18)

The guiding ideology of this paper is: (a) understand fully the importance of sustainable and healthy development of real estate market. The real estate industry related degree high, with strong power, has become a pillar industry of the national economy. To promote the sustained and healthy development of the real estate market, is to improve the level of housing residents, improve the living quality, to meet the basic requirements of people's material and cultural life needs; is to promote consumption, expanding domestic demand, stimulating investment, continued to maintain rapid and healthy development of national economy of force measures; give full play to the advantages of human resources, effective way to expand the social employment the. The realization of the real estate market in a sustained and healthy development, for building a well-off society, has a very important significance to speed up the advancement socialism modernization. (two) to further clarify the guiding ideology of the development of the real estate market. We will adhere to the basic direction of the housing market, and constantly improve the real estate market system, greater play to the fundamental role of the market in resource allocation; the demand-oriented, adjust the supply structure, different income families meet housing needs; to deepen the reform, we eliminate the institutional and policy obstacles of residential housing consumption, accelerate the establishment and improvement of housing security system suited to China's national conditions; to strengthen macroeconomic regulation and control, to achieve the basic equilibrium of the total real estate market, the basic structure of rational, the basic price stability; persist in the policy of national unity under the guidance of each area, suit one's measures to local conditions, respectively, decision making, real estate development and the development of local economy and social adaptation, and coordination of related industries, to promote sustainable economic and social development.

This file in the housing policy rough look does not seem to have changed much, still is the low-cost housing, affordable housing and commodity housing three. But there are several points to be noted: one is this document presents "the progressive realization of most families to purchase or lease of ordinary commodity housing"; the two is in this file to the economy of housing gives a definition, namely, "economic housing application is a security nature of the housing policy"; three is put forward "to increase housing supply general merchandise".

The two document issued by a lapse of 5 years, has had a significant impact on the real estate market Chinese. The [1998]23 file is over China housing distribution era, open and laid the cornerstone of housing reform. And the [2003]18 file is created in the real estate situation China today.

Here may wish to compare these two documents. The two documents have many differences, but the key is concerned, the major difference lies in: first, focus on the [1998]23 file is to solve the housing problem China towns, key and the [2003]18 file is to develop the economy, rather than to solve the housing problem, emphasize the real estate "has become a pillar industry" the national economy in the guiding ideology of the two files can be read out obvious. Second, the [1998]23 file is proposed: to establish and improve the housing supply system to the application of economic housing based, focus on the development of the economic application of the housing (housing project), to speed up the solve the housing problems of urban housing residents in difficulty. And the [2003]18 file is: the progressive realization of most families to purchase or lease of ordinary commodity housing. Third, the [1998]23 document for the economic application of the housing sale price of government guidance price, determined according to protect the profit principle. The [2003]18 document will be officially economic applicable housing as a commodity housing. It is noteworthy here, in the [2003]18 file looks like a short "the progressive realization of most families to purchase or lease of ordinary commodity housing" and seems to touch on lightly on affordable housing in the definition, the content covered is completely, completely denied the [1998]23 file identified by taking the construction of economic applicable housing as the focus of the housing policy, the ordinary people, especially low-income people's housing to the market, to the commodity housing.

After the [2003]18 document issued, the real estate businessmen are all be full of excitement., dance for joy, think this document declared China real estate market spring. Not only that, the local government also with the real estate business and the same feelings and courage to meet the new CEO Chaoyang local GDP development. Commercial housing prices began to soar. The policy also began to change, the economic application of the housing to commercial housing, commercial housing policy began to tilt, the related land, loans for housing policy began the green light, released from the Ministry of land and resources data can catch a glimpse of. In 2009, the approval of land sector housing land respectively: affordable housing for 160000 acres, 970000 acres of land in the ordinary commercial housing, affordable housing land only commodity housing land 1/6. At the same time, demolitions, overbuilt, real, real time wind down. Chinese real estate finally ushered in the development of the spring, housing prices rising in a straight line.

However, when many eager buyers pounced on the market, they found that already start late, prices rise height is far beyond one's reach them. The housing problem China began gradually accumulate, fermentation, eventually forming today's situation. After the government authorities on the issue, with a positive attitude to deal with, has introduced a number of policy of macro regulation. However, the effect of macro-control is not satisfactory. As the real estate of a gas filled gourd, as long as the pressure a bit relaxed, gourd immediately surfaced. Thus the [2003]18 file is really powerful.

Then, the provisions of the [2003]18 file of the housing policy what problem?

The greatest problem of the [2003]18 file specified in the policy of housing, commercial housing is used instead of affordable housing to solve the basic needs of the majority of people Chinese on housing, the most families Chinese housing completely to the market.

However, this kind of practice what is wrong? China already implemented the market economy system, commercial housing to solve the housing problem of the majority in full compliance with the requirements of the market economy, and, it is common practice in market economy countries in the world. The housing policy and what is wrong?

You know, China establishment of socialist market economy in 1992. But the economic system is different from the general market economic system, but the "socialist" four words in front of the crown. This shows that the basis of Chinese market economic system based on private ownership and market economy system as the foundation is not the same. China socialist market economy is based on public ownership of the means of production based on the. Article sixth of the Constitution stipulates: the basis of the socialist economic system of the people's Republic of China is the socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people.

The land is the largest production data. Living and development of human beings cannot do without the land. Land carrying too much of the human needs, including "clothing, food, shelter," the four most basic needs. Therefore, the land is the greatest wealth. Chinese land in rural areas, belong to the collective, in the town is owned by the state. Article tenth of the Constitution stipulates: city of the land belongs to the state. Land in the rural areas and the outskirts of the city, as stipulated by relevant laws other than those owned by the state, all belonging to the collective; house sites and private plots, remain mountain oneself, also belong to the collective.

City land belongs to the state and what does that mean?

"Property law" forty-fifth article: regulation belongs to a country all property, belongs to a country all the all. All in all, means that every citizen of the city Chinese are masters of the land, city land for everyone. But the "property law" forty-fifth article also states: exercise the ownership of state-owned property by the State Council on behalf of the state; otherwise stipulated by law, in accordance with the provisions of. So, on the premise of land owned by the state, in theory, can be said that every China citizens are the masters of the land, but the master did not dispose of land power. Laws and regulations on the exercise of ownership of state-owned land only the State Council, or the central government. That is to say, China people are the masters of the land, and on behalf of the people exercise of proprietary right is the central government, and not Chinese a specific individual. This is the state constitutional government power.

On the premise of public ownership of land, the government has made the world's largest property and land ownership and right of control. According to the power and duty, responsibility of the relative rules, the greater the power, the more heavy responsibilities, obligations are also more. So, the public ownership of land government responsibilities and obligations should be greater than the general market economy country government. That is to say, the central government in the hands of the land in the huge wealth. At the same time, the government also virtually assume more responsibility and obligation. China city of the land belongs to all countries, this also shows that the central government will bear more responsibility and obligation for city residents.

Chinese city land became the property of the state, however, city residents in need of housing and how to solve? As everyone knows, the housing is built on the land, not on the air, there is no land, there would be no housing. City residents hands without land, therefore, rely on the power of the individual, city residents are unable to solve the housing problem. Only rely on the government to solve the problem. So, in theory, the central government has for city residents to solve the housing problems of the responsibilities and obligations, similarly, city residents to land the identity of the owner also has the power to require the government to better fulfill the responsibilities and obligations. Although the Constitution does not so clearly stated, but with the spirit of the constitution, is the meaning of the state-owned land system of internal. So, this is the state constitutional responsibilities and obligations of the central government can not shirk its divine.

To sum up, it is not difficult to see that, in accordance with the provisions of national law, the national ownership of land means has three meanings, one is state ownership is ownership by the whole people, every citizen of the country is state-owned land owner, however, did not obtain ownership of substantial; two is the exercise of state ownership of land in the State Council China only, any other local government, organizations, institutions and individuals do not have this power. Three is the central government of the country in accordance with the Constitution and the laws of the state in access to land ownership at the same time, also took the initiative to solve the China city shall bear the responsibilities and obligations of population, housing problem.

Then, in the state ownership of land, each China citizens are the masters of the land under the premise, the government should take what the correct way to solve the housing problem of city residents? To fulfill the government should bear the responsibility and obligation? There are three reasonable option.

One is by the government according to the needs of the residents, to provide suitable housing, inhabited by city residents free of charge. Housing for the property of the government.

The two is provided by the government for public rental housing for rent by city residents, the government charge a reasonable rent, to pay the housing depreciation, maintenance fees. Housing for the property of the government.

The three is provided by the government free of charge the appropriate construction of housing land, by the city residents self raised funds in the land to build housing, the housing to the city residents on the ground of all, the land is still owned by the state.

The first option, financial burden is heavy, not reality. It is an ideal option, only to communism can be realized, and Chinese currently only in the primary stage of socialism, from the material wealth and the realm of thought does not have the implementation conditions.

The second option, is a new Chinese on the establishment of the city of housing to solve the problem, also is the housing distribution in kind. In this way, the state's financial burden is too heavy, but also exists many unfair distribution, does not meet the requirements of sustainable development.

The third option, the fact is after 1998 affordable housing policy. The second option is to reduce the state's financial burden, but also reduce the burden on taxpayers. Consistent with sustainable development requirements.

Why only three options, do not have more options? Can say, from the actual situation, the three option is to meet the requirements of the state constitution, which reflects the people is the owner's state-owned land system concept, and in accordance with the relevant provisions of the central government on behalf of the state to exercise the ownership of land.

The [2003]18 file you have another option. Will focus on solving housing city residents in the ordinary commercial housing. Is also the government will build the city housing land sold to the real estate business, commercial housing built by the real estate business, and then by the city residents to buy housing real estate business. And we all know, the real estate business to achieve the construction of commercial housing land, must by the local governments under the auspices of the "strokes, shooting, hanging" program. The main auction procedures, who who have high prices. Local governments through the program to receive the equivalent of 70 years of land leasing, land rent is. Commercial housing prices as "imperial estate" refresh continuously and steadily rising, leading to today's situation. This option, is actually the housing approach of the general market countries general solutions, but not in accordance with China state-owned land conditions, do not meet the requirements of the constitution. Ask, where is the owner of the land in their own land to build for their own housing must pay land rents the truth? It is the key of the [2003]18 file, this file is unconstitutional. Not only that, this paper also led to the central government to abandon the constitutional responsibility and obligation in a certain extent.

At this point, we can see, the main problem that is the [2003]18 file, when the government will replace commercial housing affordable housing as a solution to housing in the city at the same time, the government also gave the state constitutional responsibilities and obligations. This paper deviates from the spirit of the constitution. That is to say, the current housing policy deviates from the spirit of the constitution, from the constitutional framework.

Since the wrong, change it. As the saying goes, to be. To make Chinese housing policy constitutional requirements and spirit. Also there are two considerations.

The first consideration is to let the state constitution to move closer to the current housing policy. That is to change the constitution, the abolition of the state ownership of land, let the constitution to adapt to the current housing policy.

Second considerations is to adjust the existing China housing policy, to comply with the constitutional requirements.

However, the first consideration of it, to apply mechanically "managing state affairs according to law" and "ruling" seemed far fetched, and this kind of practice is "in political reform constitution" seems more accurate. Moreover, the revision of the constitution is not an easy thing, need the consent of the people. While the second considers, seem to be more suitable for the spirit, namely, in accordance with the Constitution and constitutional requirements, adjust the existing housing policy.

Chinese housing policy must be in accordance with the Constitution and constitutional spirit, at the same time, also want to reflect the characteristics of the market economy. So, Chinese in housing issues should return to the basic focus on economic affordable housing.

In fact, the economic application of the housing in the Chinese is not what happens, and, early is used to solve the most effective policy China crowd housing, that is the "Homestead" policy. In China rural, residents to solve the housing problem, to put forward the "Homestead" application to the village committee, the village collective research, free of charge to a certain number of "homestead". "Homestead" rural residents self raised funds to build their own housing on the ground. This is the rural housing policy, simple, the solution to the housing problems of the rural population was 900000000. The "Homestead" policy, dozens of years never happened and what problems. Thus, the state of rural housing policy is appropriate, is to meet the constitutional requirement and the spirit of the constitution. And "different Homestead" and economic application of the housing is, "Homestead" on the housing for rural residents is building their money, their own living; and affordable housing is the government to raise money construction, and then to protect the low profit sales price for city residents, there is no essential difference between the two. First, "construction land" and affordable housing land is obtained free of charge; second, the construction of housing ownership on the ground is owned by private; third, housing owners, have not been bearing housing land ownership, the nature of land ownership has not changed. Two so, can be said that affordable housing is China has been implemented for decades of success in solving the housing problem.

Economic applicable housing should not be commercial housing, the housing land, should be allocated by the state free of. The government arranged for the construction of affordable housing land should not be lower than that of housing land 95%. Economic applicable housing should be the rational use of land, the area is not too big, but not too small, should be able to ensure that neither crowded, more comfortable living conditions. Pricing affordable housing, should be based on the construction and installation cost of capital preservation, the implementation of government pricing. For the lowest income families to purchase affordable housing difficulties, the government can take the rent after the first buy to solve.

Affordable housing should be a gsp. Because, in the China, both rich and poor, noble and humble, in the ownership of land in this problem, each Chinese position is the same, equal. So, each Chinese's family should have the purchase of Residential Housing Authority land ownership by the whole people, to embody the spirit of the constitution. Affordable housing should be housing by the housing residents, but has no right to sell, lease, transfer. City residents have the right to give up the affordable housing. Of course, we must strengthen the application of economic housing management, should carry out the network management, to develop a comprehensive management system, distribution system and so on, in the planning, construction, distribution should be open to the whole society, transparent. Due to the situation change and the need to improve housing conditions (such as population will lead to the increase of per capita area smaller family), the government should also study and formulate the homes and other premises of recovery points adjustment method and so on, improve the affordable housing management system, to prevent and eliminate corruption.

Next is the commodity housing. Commodity housing should complement the economic application of the housing, the need of market economy as well, so the commodity housing should have complete merchandise. The building of the commodity housing land to take paid transferring, the arrangement for the construction of commercial housing land should not exceed the housing land 5%. Commercial housing price should fully take the market price, no ceiling, at the same time, to collect the tax. Anyone can buy commercial housing, including those of the economic application of the housing can not meet the needs of the family. Commodity housing does not limit the purchase, can be used for investment, speculation, lease, sell, transfer.

Economic applicable to the housing, to housing as housing policy, let Chinese constitutional requirements, let the government agencies in accordance with the Constitution and the spirit of the Constitution requires take their due responsibilities and obligations, believe that the housing problem will be smoothly done or easily solved Chinese will. The government should clearly recognize that, GDP's products (or goods) value of the collection, the economic application of the housing and commercial housing than less land value-added generated by GDP and the related tax, but doesn't affect the employment and related industries pulling effect. The core problem of value-added is every businessman should be concerned about, and should not become the focus of government functions. The government's main responsibility in the housing should be, to the vast majority of housing for the economic application of housing construction, to manage the affordable housing. At the same time, will strictly control the construction of commodity housing land scale, can not exceed the stipulated proportion. As for the sale of commercial housing, to the market well, let the economic strength of the population hard to stir it, even fried broken day, also do not have what relation.

Of course, both affordable housing or commercial housing, both for human habitation, vacant, idle housing is a waste of scarce resources act. Therefore, the state should consider the introduction of housing vacancy tax, for a certain period of time without housing, housing vacancy tax. The introduction of the tax is in line with the country's constitution. "The constitution" the tenth paragraph fourth: all organizations and individuals using land must make. Fourteenth the provisions of the second paragraph: countries practise economy against waste. Housing is built on the land, while the housing vacant, idle, and real estate property hoarding and individual store room to be sold, resulting in long time no completed residential housing, but can not be reasonable use, should belong to a waste of land resources act. This should be the housing vacancy tax legislation and legislative basis. The tax rate to be high, to have the punitive. Can be taken daily quota tax rate, tax. Housing vacancy tax purpose does not lie in how much tax levy, the main role is to act as a deterrent, prompting the vacant housing owners as soon as the housing sold, or sold, or rented out, improve efficiency in the use of land and housing.

General Secretary Xi Jinping recently pointed out: "the rule of law, is the first rule of constitution; administration according to law, the key is ruling by constitution." The constitution is the fundamental law of a country, is the soul of a nation's law. Learning the national constitution, not only to learn clauses, literally, it is more important to understand, care and grasp the essence of the constitution, namely, the constitutional purpose, spirit and constitutional responsibilities and obligations. Every China citizen should respect the constitution, abide by the constitution. National laws to comply with the provisions of the Constitution and the requirements, shall not be above the constitution. The national government is more should respect the constitution, abide by the constitution of the model, not only to see the power, and the responsibility and obligation to forget it. Government agencies to develop any regulations and policies, as well as the government of any ruling behavior, should use the scale to measure, should be consistent with the constitutional requirements, should be consistent with the spirit of the constitution, shall not contravene the constitution, and otherwise, the regulations or policies even run, will also problematic, difficult to continue. The housing problem is a Chinese obviously example.