信托视角下的住房公积金制度完善

Perfection of Housing Accumulation Fund System in the Trust Perspective

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作者：

付立新

摘要：

<正>作为一种社会性、互助性、政策性的住房社会保障制度,住房公积金制度在健全公民居住权及发展权领域发挥着重要作用,是我国住房制度的重要组成部分,旨在为广大职工解决基本住房问题的专项资金;住房公积金制度是单位给在职员工缴纳的一种长期住房储金,并且所有权属于职工个人。但我国现行住房公积金制度在实践中的运行效果却不甚理想。据《中国住房发展报告2015～2016》表示,因城市房地产业投机炒作造成高房价,使绝大多数的新市民只能在城市边缘临时性不稳定租住,处于"半城市化或不完全城

语种：

中文

出版日期：

2018-11-30

学科：

经济法学

提交日期：

2018-12-20

引用参考：

付立新. 信托视角下的住房公积金制度完善[J]. 中国人权评论,2018(01):85-93+189-190.

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知识共享许可协议-署名

  • dc.title
  • 信托视角下的住房公积金制度完善
  • dc.contributor.author
  • 付立新
  • dc.contributor.author
  • Fu Lixin;Southwest University of Political Science & Law
  • dc.contributor.affiliation
  • 西南政法大学;
  • dc.publisher
  • 中国人权评论
  • dc.publisher
  • China Human Rights Review
  • dc.identifier.year
  • 2018
  • dc.identifier.issue
  • 01
  • dc.identifier.page
  • 85-93+189-190
  • dc.date.issued
  • 2018-11-30
  • dc.language.iso
  • 中文
  • dc.description.abstract
  • <正>作为一种社会性、互助性、政策性的住房社会保障制度,住房公积金制度在健全公民居住权及发展权领域发挥着重要作用,是我国住房制度的重要组成部分,旨在为广大职工解决基本住房问题的专项资金;住房公积金制度是单位给在职员工缴纳的一种长期住房储金,并且所有权属于职工个人。但我国现行住房公积金制度在实践中的运行效果却不甚理想。据《中国住房发展报告2015～2016》表示,因城市房地产业投机炒作造成高房价,使绝大多数的新市民只能在城市边缘临时性不稳定租住,处于"半城市化或不完全城
  • dc.description.abstract
  • Housing accumulation fund system,as a social mutual policy of the housing social security system,plays an important role in the field of civil residence and development right. Aiming at providing special funds to solve the problem of the basic housing, the housing accumulation fund system is an important part of the housing system in our countiy as well. Housing accumulation fund system means that employers and employees pay the long-term housing savings,which belong to the individuals. However,the current system of housing accumulation fund in China is not satisfactory in practice. The Chinese Housing Development report of 2015-2016 claimed that the urban real estate speculation by high house prices limited the vast majority of new citizens to the temporary unstable rent in the edge of the city, which result in a state of u semi-urban or incomplete urbanizationSuch situation should be improved as soon as possible, otherwise the process of urbanization will be blocked,and it will lead to a series of social problems and even serious social disasters. Housing accumulation fund system,as a financing housing fund to improve the citizens* housing affordability,arises at the historic moment,which is designed to meet the basic demand of housing of the new citizens.By the end of November 2017, the total amount of housing accumulation fund in the whole country was 12. 3 trillion yuan,and the total withdrawal amount was 7. 2 trillion yuan,and the balance was 5. 1 trillion yuan. According to the statistics of China* s top five Banks * annual reports in 2017, the fifth largest bank values 8. 93 trillion yuan according to the international financial reporting standards. In 2017, the size of the national housing accumulation fund will be in the same size with today' s fifth largest bank.Compared with the same scale funds of the commercial bank management system,the management of housing accumulation fund as the civil property administered by authorities is revealed full of chaos,such as wasteful expenditure and regulatory opaque.Further more,a famous financial website launched a questionnaire named "what do you think the housing accumulation fimd system exist necessary?". A total of 180000 people voted, only 11% people supported that system of housing accumulation fund should continue to exist,the opponent ratio came to as high as 89%. Thus it can be seen that the chaos of housing accumulation fund management had raised the questioning about the value of the housing accumulation fund system itself. At present,the housing fund aiming at raising and financing has been gradually transformed to the mandatory saving of low rate of return. The income generated by the housing provident fund which belongs to individual ownership is mainly used for the maintenance of the large amount of housing accumulation fund management system and the construction of low-rent housing. In addition, housing accumulation fund system also suffer the region dispersion and the difficulty of centralized management,which trap the housing accumulation fund assets in high-risk state and manager* s moral hazard problems emerge continuously.This article tries to design a housing system from the perspective of maintaining the interests of the civil to build an open and standardized system of housing accumulation fund which put forward in the third Plenary Session of the 19th CPC Central Committee.By means of reconstructing housing accumulation fund system with trust legal relationship, allocating the rights and obligations between workers, local housing accumulation fund management center and the government of the government rationally,whichcould resolve the problems such as management disorders, opaque, waste in the operation of the capital maintenance in housing accumulation fund system. Housing accumulation fund trust is legal trust, self-benefit trust, management trust. Housing accumulation fund trust puts its capital as the trust property, the workers as the trustor and the beneficiary, housing accumulation fund management center as the trustee, relevant government departments as the supervisors. Under the supervision of the supervisors,the trustee strictly performs the obligations of the trustee to provide high quality, transparent capital management and value-maintaining and value-added operation. According to the principle of trust law,the added value of housing accumulation fund belongs to the trust property,so as to guarantee the beneficiary's beneficial right of beneficiary. Thus it can be seen that the application of the trust relationship in the housing accumulation fund system is more conducive to its real social housing security role.
  • dc.description.sponsorship
  • 2016年度重庆市研究生科研创新项目“信托视角下住房公积金管理制度的完善(CYB16077)”的阶段性研究成果
  • dc.subject.discipline
  • D922.282
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