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The Research of the Inheritance Patterns of Gofvernment Housing Tenancy

Author: ZhouHongWei
Tutor: QiMuTi
School: Shanghai Jiaotong University
Course: Legal
Keywords: GOVERNMENT HOUSING TENANCY INHERITANCE
CLC: F293.3
Type: Master's thesis
Year: 2011
Downloads: 40
Quote: 0
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Abstract


This paper analyzed the characteristics of government housing tenancy and thus discussed the necessity and feasibility of establishing the inheritance patterns. Government housing units are allocated to the employees and the liberation of nationalization, whose rent is in accordance with the standards stipulated by the government. As a product of special period of history, government housing tenancy belongs to the State. But the right to use and the rent are beneficial to the tenant. The tenancy of public housing, which is very different from the common rental, on one hand has a strong social security function, on the other hand also contains the value of individual labor compensation, of which the tenant should have full rights. It is known that the ownership structure of government housing tenancy is more complicated. Therefore, it is still a dispute on whether the right of government housing tenancy is creditor’s right or property’s right. The legal system construction about how to change the tenant is also far from perfect.This paper studies on the research of whether the government housing tenancy can be inherited as a legacy and how the legal systems should be established through case studies, comparative analysis and other methods. It is expected that the research can benefit the construction of legal system and management mode of government housing tenancy.In addition to this introduction, conclusion, mainly by the following three components:The first chapter, "China’s Current Government Housing System " described the characteristics of the government housing tenancy and existing laws and regulations. Different legal assumptions may cause different legal effects, which showed the problems in the existing system. Unfair distribution, ignorance of the original lessee’s willing, invalid allocation of housing resources and the absence of judicial system can all be seen.The second chapter, "Public Housing Tenancy and Inheritable Property Rights" compared the government housing tenancy with the common housing tenancy and the land contractual management rights. We argued from various angles that, the government housing tenancy is part of property’s right and it is inheritable. The third chapter "Ideas of Government Housing Tenancy Inheritance Patterns" proposed the establishment of the inheritance patterns after making it in comparison with long-term residence in Germany.

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