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Access of public property room is paid make over analyse of legal problem explor
From;    Author:Stand originally
Access of public property room is paid make over analyse of legal problem explore Tianjin industry university of Zhang Bo of graduate student of law of 2007 class economy [content abstract] develop as the development of market economy, the room changes policy come on stage in succession, of public house access paid make over trade from initiative underground gradually trend be brought into the public, each district publishs relevant operation standard in succession, but did not unite legislation from beginning to end, render public house use paid make over the market very confused. According to our country active law sets, of public house access paid making over is unallowed, once produce contradiction, resort court, this kind of behavior often is maintained to be break the law. The article is passed paid to public house access cession current situation makes an on-the-spot investigation, analysed the legal nature of public house access, those who be public house access is paid cession lawful sex searchs legal principle basis and the standard to making over behavior and travel preliminary discuss. One, the general theory of room of our country public property is analysed (one) the system of socialism of reason our country that room of our country public property exists builds what initial stage executes is the planned economy that socialistic state ownership is a foundation, individual and family divide the means of subsistence that has minority outside, great majority is large means of subsistence (include house property) put in a country 's charge with manufacturing data all. Because house property is the necessary means of subsistence that people Lai Yisheng puts, and as public house property cannot the form with commodity in the market current, accordingly, country according to average distributive principle, unite through administrative measure allocate, give individual or family with the formal allocation of long-term take on lease, the purpose is the life need that ensures people, make spend next everybody to be resided in socialistic state ownership have its place, it is planned economy system issues average distributive inevitable result. [1] promotes reforming and opening and market economy development from 90 time nation since, reform of town housing system begins to start. From 1992 the room changes policy to begin, the country begins to try to the worker paid the property right that transfers public housing, 1994 "The decision that the State Council reforms about deepening town housing system" the development that puts forward to be stimulative housing commercialization and housing construction, want what push public property house steadily to sell. Subsequently, each local government and room canal branch came on stage a certain number of about driving market of access of public property room, property current local laws and regulations, regulations reachs a standard. Tianjin is the town that visits in the room to change policy forward position. Investigate its former by, because social system turns into by the planned economy below original state ownership gradually,be the market economy that a variety of system of ownership coexist, demesne belongings grows day and day, the individual can have data of a large number of lives that include house property inside, production. Access of original public property room also reveals its profitability as the development body of market economy, tenant can be passed make over, successive, break up and displacement obtains economic value; The country is OK also the droit of will fair delivery room makes over an individual, make the individual acquired complete property right to public property room, this promoted the development of the commercialization of public property room and estate market again. On put together, the generation of public property room, development and changing is the kill that market economy urges. (2) the meaning of public property room, feature and classification 1, meaning and classification are told from broad sense, public property room is the illicit delivery room that belongs to an individual at droit relatively, ordinary individual is had only bear hire advantageous position and do not have droit. [2] includes to provide public property room continuously, from the canal public property room and enterprise are produced. Alleged room of straight canal public property is to point to by the country various estate management department is direct the state-owned house property of management; Providing public property room oneself is to show state-owned or what manage by each executive authority, organization or institution proper motion is collective all house property, allocate or rent unit staff lives use; The enterprise produces public house is to show property right is state-owned company or all, individual has cooperative only the house property of building access. From narrow sense classification shows straight canal public house is mixed only provide fair room oneself, do not include an enterprise to produce. The property right that produces because of the enterprise puts in an enterprise 's charge all, and do not belong to a country, reason is not the fair delivery room on traditional sense. But what article place discusses is the fair delivery room on broad sense. Be in Tianjin, room of straight canal public property and the delegate of property right person that provide public property room oneself are head office of Tianjin city house property, its are daily the administration is each region house the room that tubal bureau place belongs to runs a station, the station of canal of tenant hold room of public property room extends " public housing rents a contract " (common says " room this " ) . The property right person that the enterprise produces is enterprise itself, but a lot of enterprises in reality rent house property do not manage personally after this unit worker, the chummage of collection of room canal station that entrusts place to belong to however, undertake reparative with administrative any other business. 2, the feature of room of diagnostic public property basically reflects in the following respects: The first, droit of public property room and access are detached, droit belongs to country, collective or enterprise, the living right that the individual has a house only (the income with include use, regular, punish counterpoises) ; Because the room of room of this public property is originally " public housing rents a contract " , unlike the property right card of private property room. The 2nd, public property room is OK also in the market current, but the often is a building only access of its buying and selling; But carry out as what each district room changes policy, tenant can set the property that acquires public property house with market price, cost price or standard by the country even. The 3rd, the buying and selling of public property room cannot handle loan in the bank, buyer must money of one-time paid house, this are distinguished apparently at private property room. The 4th, it is certain that tenant needs to belong to a room to provide station or business pay to place of public property building hire, but because public house rents main purpose,be to implement system of national housing welfare, hire is accordingly inferior; And lease is longer, set only normally rent only then period, and errant eventually period. [3] the 5th, change the name of owner in a register of room of conduction public property needs to be dealt with to appointed branch. Be in Tianjin, deal with change the name of owner in a register of straight canal public house to require replacement of room of Tianjin city ferry finite liability company (displacement of abbreviation ferry room) deal with; Conduction enterprise produces need to belong to a room to be in charge of a branch to deal with to company place. 2, public house access is paid cession current situation (one) paid cession expressional form 1, the price difference exchange that the price difference of public house exchanges public house is the public housing that shows dweller him general is hired, commodity housing or private house are bought after allowance price difference, or the public house exchange that hires with other dweller is used, or paid the behavior that makes over other to use. First fair room is exchanged, it is a kind of when set out from principle of advantageous production, convenient life real building exchange action. At the beginning of 90 time, "Price difference changes a room " this word just begins to appear. Change as 90 time room and of market economy arisen, people knows a sector of an area of the building, administrative levels, area, structure, front, fixed number of year to wait to contain fair value stage by stage, then people begins to press the principle of exchange of equal value, with computation the method of price difference begins public house to exchange. Develop to later, evolve for pure " chummage card business " , namely public house access the person is direct the chummage card of will public house (although use power) transfer another person, gain profit from which. 2, the money of public house resettlement is changed find a place for the money of public house resettlement is changed find a place for, be point to a person of the change that be torn open (public house access person) the living space that should find a place for, the monovalent convert of find a place foringly housing area becomes the basis monetary fund, pay to fill by the person that tear open change the person that tear open change, proper motion of person of the change that be torn open purchases the behavior of living building, also call pair of public houses use " buy outright " . Carry this kind of kind, the access of public housing turned access of room of cash give to the public into the person entirely at a draught all. Two kinds of forms that above public house trades have a collective quality, undertake to public house access namely paid make over. (2) the legal problem of existence 1, of public house access paid make over after lacking legal basis to enter 90 age, of public house access paid make over, trade gradually from initiative underground trend be brought into the public, the question of a heat with the very big dispute in becoming estate to trade, caused wide attention of the society, a few local government concern public house use at coming on stage in succession in recent years about the branch paid cession operation is normative. However, concerned code did not come on stage tardy. According to existing laws and regulations, of public house access paid making over break the law. Although recently one, 2 years, the room ground branch of many local government came on stage to concern public house use paid make over and administrative sex file, but its effectiveness after all not as good as national travel code and local laws and regulations. My courtyard handled such case several cases in recent years, without permission public house use paid make over behavior to all be maintained to be break the law, cannot get legal protection. 2, what public house uses is paid the operation that transfers lack to unite is normative, some is in even break model of access of state public house trade initiative generation, ban repeatedly more than, it is frame-up character does not arrange the name all the time. To its advantages and disadvantages, yi Bao demotes differ, can say the country is to support wait-and-see attitude all the time. From the point of countrywide limits this trades the domain is in troubled waters, if collect fees,did not unite a standard, from hundreds of, thousands of to upper part yuan differ; The building evaluates optional sex big, appear even a case that a your person that stays in more than yuan 100 thousand to differ curtilage is between tears and smiles; Participate in price of period of efficacy to change the unit good and evil people mixed up of house business, do not have the intelligence that management estate exchanges to wait a moment mostly, the problem of such, the interest of the person that make change a room got damage. 3, the access of legal attribute public house of public house access is matter right or creditor's rights after all, if content counterpoises to be able to be on the move, so creditor's rights, criterion cannot. [4] (one) the specific characteristics that shows use of public house of level our country is well-known, "Public house access " it is our country tradition assignment system of welfare sex housing spends reflect. Every enjoys this kind " public house access " tenant. Must be in the country mechanism or state-owned, collective look forward to, institution works. Its work particular fixed number of year, textural is met the size of outstanding achievement of the discretion of the accident according to its length of service, post, work, add a lot of element such as domestic population, the family that allocates him certainly is certain the building of the area, build the building between a worker and country or unit to hire from this by the relation. The access of this kind of public house actually implicit value, it is the compensation that the housing in old salary consumes the worker, also be the component of labour force value. Press the common law of market economy, labour force value is by production and reproduction labour force the value of the means of subsistence with necessary place is decided. And the manufacturing data with housing necessary since, it is to enjoy data and development data. Accordingly, the worker pay that reflects labour force value should include its housing to be consumed inside. In the market economy country that develop, housing consumption occupies worker wage income to come in 1/3 about partly 1/4. And in our country original housing allocates system to fall, the welfare outside regarding salary as housing undertakes allocation, consume the housing in belonging to worker pay formerly namely part, regard as profit brings into national finance, unite by the country again allocate funds build a house, worker of admeasure of free ground cent lives use, it is symbolistic collection low rent only. Such, national income the first time allocate, twist becomes national income repartition, translate into of housing consumption salary is communal the national property right of housing, the worker just gained the access of housing. The value essence that sees public house use is, of share of spending of the housing in worker pay accumulate, it is Central Plains of labour force value is deducted first partial compensation, it is the value that necessary labor creates the worker. Accordingly, cannot the prediction of a person's luck in a given year that sells public house access to regard as national capital fund, also should not regard a worker as from the money that a large sum of accidents went to over there the country, should regard as worker due interest. In light of the condition that exchanges from commodity, want to have value only, have demand market, value can be decided and get both sides is approbated, and the market that has trade sheds a condition, can have trade, realize its value in exchange. In real life, a large number of initiative use building price difference are exchanged, the money that reachs public house spends movement change, be value of public house access reflect. (2) the legal nature of public house access
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