住房租赁市场政府责任研究

发布时间：2018-05-05 09:30

本文选题：住房租赁市场 + 政府责任　；参考：《华中师范大学》2017年硕士论文

【摘要】：房地产业和房地产市场在其迅速发展、日趋成熟的过程中,对推动社会经济发展、改善人们的居住环境和提高人们的生活品质等发挥了重要作用。当然,这其中也存在诸多问题,如房价累调累涨、重交易而轻租赁等。我国居民自己拥有住房的比例已近百分之九十五(根据2015年的数据统计),但是住房租赁市场发展“营养不良”,进度缓慢,买卖与租赁市场发展严重失衡的现状致使我国房产市场缺乏稳定性与秩序性。通过对我国相关法规政策的解读,可见政府对买卖市场与租赁市场“厚此薄彼”,政府的关注点大都集中于买卖市场。然而依据我国目前经济发展现状、人地基本矛盾状况,单纯依赖买卖市场显然不能充分保障众多贫困人群的住房权利,必然需要租赁市场“贡献一份力量”。政府需要明确自身责任,建立并完善住房租赁市场体系,“集中资源支持,加大力度发展”。本文将通过四个方面阐释政府在租赁市场中的相关责任问题。第一部分通过相应的理论分析,剖析政府责任内涵,阐明政府在租赁市场所负责任的理论基础,从人权理论、市场失灵理论两个角度切入,指明我国住房租赁市场的发展需要政府来承担责任。此外,明确了住房租赁市场中政府责任的内容,即监管责任、保障责任、调控责任、实施责任。第二部分主要研究域外国家调控房屋租赁市场的相关经验。美国政府通过出租人减税优惠、不动产税制、政府补贴制度来鼓励私人将空置房屋出租,鼓励投资商投资开发合格的租赁房,借此增加房源供给。通过租金管制制度以及适住性担保义务来对出租人的义务加以规范,通过限制租赁合同任意终止来维系契约稳定。德国政府通过法律法规支持、税收政策支持来保证租赁市场有秩序、有活力,同时以强制手段保证租赁房源,并配以租金管制制度与租金指导制度来适当调控房租价格。第三部分研究目前我国住房租赁市场运行的现状及存在的问题,具体包括:政府对房屋租赁市场地位认识不足、缺乏专门的法律法规、住房租赁行业税负过重、住房租金缺乏有效规制、住房租赁合同登记备案制度未落实等问题。第四部分通过总结前文,针对如何加强政府责任提出对策。我国政府对买卖市场与租赁市场“厚此薄彼”,政府的关注点大都集中于买卖市场,导致房地产买卖市场与租赁市场发展严重失衡。政府应当转变“轻租”观念,制定发展住房租赁市场的专门法律法规,建立健全住房租赁税收体系,保障租赁房源,建立租金指导制度等,以促进租赁市场的发展。
[Abstract]:The real estate industry and the real estate market have played an important role in promoting the social and economic development, improving the living environment and improving the quality of life in the process of its rapid development and maturation. Of course, there are also many problems, such as the cumulative rise in house prices, heavy trading rather than leasing and so on. The proportion of people owning their own homes has reached nearly 95% (according to statistics for 2015, but the housing rental market is "malnourished" and is progressing slowly. The serious imbalance in the development of the sale and lease market leads to the lack of stability and order in the real estate market in China. Through the interpretation of the relevant laws and regulations of our country, it can be seen that the government is "favoring one or the other" to the market of buying and selling and leasing market, and most of the government's attention is focused on the market of sale and purchase. However, according to the present economic development situation of our country and the basic contradiction between people and land, it is obvious that relying solely on the buying and selling market can not fully protect the housing rights of many poor people, so it is necessary for the leasing market to "contribute a force". The government needs to clarify its own responsibility, establish and perfect the housing rental market system, and "concentrate resources to support and strengthen the development". This paper will explain the responsibility of the government in the leasing market from four aspects. The first part through the corresponding theoretical analysis, analyzes the government responsibility connotation, clarifies the government to bear the responsibility in the lease market the theoretical foundation, from the human rights theory, the market failure theory two angles cuts in, It is pointed out that the development of the housing rental market needs the government to bear the responsibility. In addition, it clarifies the content of government responsibility in housing rental market, that is, supervision responsibility, security responsibility, regulation responsibility and implementation responsibility. The second part mainly studies the experiences of foreign countries in regulating the housing rental market. The U.S. government encourages private tenants to rent out vacant homes through tax breaks for lessors, real estate taxes and government subsidies, and investors are encouraged to invest in the development of eligible rental homes, thereby increasing the supply of housing. The lessor's obligation is regulated by rent control system and liveable guarantee obligation, and the stability of the lease contract is maintained by limiting the arbitrary termination of the lease contract. With the support of laws and regulations and the support of tax policy, the German government guarantees the order and vitality of the rental market, at the same time, it guarantees the rental housing supply by compulsory means, and adjusts the rent price appropriately by the rent control system and the rent guidance system. The third part studies the current situation and existing problems of the housing rental market in China, including: the government has insufficient understanding of the status of the housing rental market, lack of special laws and regulations, excessive tax burden on the housing rental industry. Lack of effective regulation of housing rent, housing rental contract registration and filing system has not been implemented. The fourth part, through the summary above, proposes the countermeasure against how to strengthen the government responsibility. Our government pays more attention to buying and selling market and leasing market, which leads to serious imbalance between real estate market and lease market. The government should change the concept of "light rent", formulate special laws and regulations for the development of housing rental market, establish and perfect the tax system of housing lease, guarantee the source of rental housing and establish rent guidance system in order to promote the development of rental market.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D630

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