Housing provident fund has been criticized repeatedly, and the loan procedures are complicated and rejected by developers.
The housing accumulation fund system is an important channel for ordinary people to cope with the huge pressure of buying houses. The Regulation on Housing Provident Fund Management defines the provident fund management center as a "non-profit organization", and the housing provident fund is the embodiment of social welfare.
However, as a policy of benefiting the people, the housing provident fund system has been criticized for its long and complicated implementation process, poor supervision and imperfect system.
The provident fund has many lesions.
In the investigation, the reporter found that the cumbersome procedures and long approval time for applying for provident fund are important reasons that hinder buyers from making provident fund loans. Applicants often flinch from the complicated application process, give up the policy of benefiting the people that should reflect social fairness and welfare, and choose commercial loans.
From the aspect of applying for loans, at present, when individuals apply for housing provident fund loans, applicants must provide the housing management center with fairly complete information that can prove their household registration, marriage, income, purchase contract, mortgage guarantee and so on. , you must also provide the "five certificates and one book" of the housing developer (pre-sale permit for commercial housing, construction project planning permit, construction land use planning permit, construction permit, project site selection opinion).
In addition, the applicant needs to go through the double review of the housing management center and the bank, and the review and evaluation process is also a long time process.
When interviewed by reporters, the interviewees all said that the procedures for provident fund loans were too complicated and took too long. Most of the respondents chose "choose commercial loans and take out the provident fund for repayment."
At the same time, the developer's refusal of provident fund loans has also seriously weakened the welfare significance of provident fund.
There are two reasons why developers refuse provident fund loans, one is the slow payment, and the other is the commercial agreement between developers and banks, which seems to have become the unspoken rule in the real estate business circle. Banks issue loans to developers, and banks get more loan customers.
Many people criticize developers for depriving them of the right to choose provident fund loans, but on the other hand, what roles do developers, provident fund management centers and commercial banks play respectively? Why is the provident fund in a weak position in the market competition? As a welfare policy, is it necessarily in a passive position and sought after by demanders?
The so-called "unfair agreement" between developers and commercial banks is only a normal choice in the market environment. They chose more effective means of profit in the market competition, and the provident fund should reflect on its service attitude and significance.
In the investigation, the reporter found that almost all real estate sales sites have commercial banks doing on-site loan services, and buyers can go through all formalities directly at the sales site, which takes a short time and enjoys the identity and rights of customers. However, when buyers apply for provident fund loans, there is a sharp contrast. In addition to the lengthy and complicated procedures, there is also a strong contrast in handling them.
The root of this gap lies in the problems in the positioning of provident fund management institutions, which clearly does not adapt to the current social needs and market competition.
Wang Lina, a researcher at the Institute of Economics of China Academy of Social Sciences, believes that the provident fund management center should be a financial management institution, and the mismatch between the roles and functions of the current provident fund management center is the root cause of the current provident fund problem.
In addition, the weak supervision of provident fund and the imbalance of beneficiary groups are also the focus of social criticism. Cases of embezzlement and misappropriation have surfaced from time to time, provident fund has become a disguised welfare enjoyed by high-income groups, and a large amount of provident fund funds have not played a role. Because of the imperfection of the system, all kinds of lesions have seriously violated the body of this welfare policy, and there is still a long way to modify the provident fund system.
"Creative Imitation" Reform
Many scholars are thinking about whether the provident fund is necessary. Some scholars even think that the disadvantages of provident fund cover up the significance of its existence, and when its disadvantages are not eradicated, it should be replaced by new policies.
However, some scholars immediately raised objections: you can't give up eating because of choking. Social concern about provident fund shows that society needs this policy of benefiting the people. When the problem of provident fund breaks out seriously, it is a good time to solve these problems, and its significance cannot be completely denied because of its shortcomings.
With the concern and refutation of the society, the issue of provident fund is also undergoing reform and reflection. The reporter learned that in 2007, the state will make great efforts to improve the policy of housing provident fund deposit and use, expand the coverage of the provident fund system according to law, and gradually expand to all kinds of employment groups in cities and towns, including migrant workers with fixed jobs in cities; If it exceeds the statutory maximum deposit ratio and base, it shall pay taxes according to law; In 2007, the contribution rate of housing provident fund will increase by 5%. At the same time, the provident fund loans were appropriately adjusted according to local conditions.
Some experts believe that China's provident fund management can learn from some foreign management methods. 1991may, Shanghai took the lead in establishing a housing provident fund system with China characteristics by learning from the successful experience of the Singapore provident fund system and combining the national conditions of China. This enables China's provident fund system to learn from Singapore's successful experience in many aspects.
Qiao Yide, Secretary-General of Shanghai Development Research Foundation, believes that there are two key differences between the Singapore Central Provident Fund system and the housing provident fund system in China. First of all, the personal savings collected by the Singapore Central Provident Fund are used to pay the down payment and installment repayment of housing mortgage loans, rather than issuing discount loans. Secondly, housing loans only account for a small part of Singapore's CPF investment. Therefore, the central provident fund can provide participants with the highest rate of return according to the actuarial conservatism principle, which is in line with the international standards of pension fund management. In addition, the Singapore Housing Development Board is responsible for housing development, financing and management of specific groups. Singapore's Ministry of Finance provides loans to the Ministry of Housing Development at the interest rate of government loans, and then the Ministry of Housing Development provides discount loans to families as needed. In Singapore, the departments engaged in discount loans and market interest rate loans are completely separated, and there is no contradiction between them in competing for customers.
It is understood that the bank's interest in the provident fund and personal repayment interest are owned by the provident fund management center. The center only pays 5% of the interest of the custodian bank as a handling fee. In contrast, every commercial loan made by a bank with its own funds can earn full interest. Compared with the two kinds of income, banks will definitely take commercial loans as a way to make money, and the provident fund management center and commercial banks have formed a deformed "cooperative and competitive relationship."
China's provident fund system is a "creative imitation" based on foreign experience. At this stage, the reform should take measures in line with the national conditions and market environment.
Joyce believes that housing provident fund should be evaluated in the financial system, both now and in the future. How to integrate China's provident fund system into the financial system is a problem that needs careful consideration.
Some experts believe that China's provident fund system should be divided into two organizations, management and operation, so that the housing provident fund management center can become a competent supervisor, and the operation and management of provident fund should be entrusted to financial companies, introduce corporate governance structure, set up risk management committees, and operate according to the principle of commercialization.
Li Dajin: It is necessary to increase penalties for fraudulent donations.
NPC deputy, Beijing Tianda * * * and Li Dajin, director of law firm.
People's Daily Online, Beijing, March 1 1 (Reporter Wang Xi) "Some people cheat to donate millions of yuan or more under the guise of natural disasters. I think the fines mentioned in the draft charity law are not enough to deter offenders. " This morning, the Beijing delegation to the Fourth Session of the 12th National People's Congress held a plenary meeting to consider the draft charity law. During this period, NPC deputies, Beijing Tianda Tianda and Li Dajin, director of the law firm, put forward three suggestions on the draft charity law.
Recommendation 1: Improve the relevant contents of supervision through review and filing.
"In the past, I often saw people posting on the Internet, saying that they or their loved ones had any unfortunate experiences, and afterwards they could receive donations ranging from tens of thousands to millions of yuan. To make matters worse, some people even raise money under the banner of natural disasters such as earthquakes and floods, but the money falls into personal pockets. " Li Dajin said that the introduction of charity law will legally regulate and define these behaviors, which has important practical significance.
At the same time, Li Dajin suggested improving the relevant contents of supervision in the draft charity law. For example, when charitable organizations and individuals raise funds through advertising, media promotion or holding large-scale activities, the competent authorities should establish the necessary review or filing system for supervision. At the same time, make these activities more open, fair and transparent. At the same time, this way of examination and filing avoids the damage to the rights and interests of fundraisers.
Recommendation 2: Punish according to the amount of criminal proceeds or the victim's situation.
At present, the provisions of the draft charity law on fines are "1 10,000 or more and 1 10,000 or less". Li Dajin believes that such an amount is not enough to deter offenders and criminals. He told reporters that fraudulent donations and fraudulent donations involved hundreds of thousands or millions of yuan. These people are only fined 1-65438+ 10,000, and the cost is too low. It is suggested that punishment can be considered according to the amount of criminal proceeds or the victim's victimization.
In addition, "1-65438+ 10,000 yuan fine" is too broad and has too much space, which increases the arbitrariness and lacks legitimacy in the process of law enforcement. If the law can list in more detail the amount of fines applicable under what circumstances, it will greatly increase the operability of law enforcement.
Recommendation 3: Any overlap or duplication with existing laws should be amended as soon as possible.
Li Dajin pointed out that the draft charity law currently under consideration overlaps, overlaps and even conflicts with at least five existing laws. These laws are: Public Donation Law, Red Cross Law, Trust Law, Contract Law and Law on the Protection of the Rights and Interests of the Disabled.
The current draft charity law does not fully explain these situations, either in the general provisions or in the supplementary provisions. For example, after the introduction of the charity law, is the basis for law enforcement old or new? It should be clear. In order to avoid legal conflicts, vague definitions and final confusion in the implementation and practice of this law, legal amendments that conflict with this law should be put on the agenda as soon as possible.
Tang Sulan: Send useful books to rural teachers and students.
Tang Sulan, a member of the Political Consultative Conference of China Education News and a professor at Hunan Normal University, suggested that the book purchasing and distribution mechanism should be improved to deliver high-quality books that really benefit teachers and students to them. Gradually improve the book purchasing mechanism involving teachers, students, parents, experts and scholars.
"Experts can be organized on the basis of" Recommended Bibliography of National Primary and Secondary School Libraries (Rooms) ",and combined with the actual situation of rural middle schools in China, recommend the book catalogue that should be purchased every year. This catalogue will be selected and supplemented by teachers and students in advance, and then the education department will summarize the list of purchased books, and the county-level government procurement center will open the tender to the public. Finally, the teachers and students of the whole school will comprehensively score the books purchased by public bidding from quality to price and supervise government procurement. " Tang Sulan suggested.
Liu Yongfu: The information of poor people will be more accurate.
Xinhua News Agency, Beijing, March 16-Liu Yongfu, director of the the State Council Poverty Alleviation Office, said on March 16 that accurate poverty alleviation must first find out who the poor people are and how to help them. In 20 15, more than 2 million people were mobilized nationwide, and the survey was conducted again on the basis of the previous work. At present, the information of the poor population is basically accurate, and the information will be further accurate in the future.
Liu Yongfu, who attended the closing session of the Fourth Session of the 12th National People's Congress as a non-voting delegate, said that during the two sessions, delegates and members put forward a wide range of suggestions and opinions on tackling poverty, which helped to improve the level of tackling poverty. With regard to poverty alleviation, governments at all levels have issued a military order to complete it on time with good quality and quantity, and will conscientiously implement the central deployment with feelings and responsibilities, and will focus on integrating funds, accurately helping the poor, innovating and helping the poor, and widely mobilizing the whole society to participate.
Liu Yongfu introduced that in 20 14 years, more than 100,000 grassroots cadres were mobilized to set up files and set up cards. However, due to practical difficulties, this file card can only be said to be "basically accurate" at that time, and it is not easy to build a network. "20 15, we mobilized more than 2 million people at the grassroots level across the country to look back and adjust what should not be entered and what should not be entered. It should be said that it is basically accurate now, but we will further improve this work and make it more accurate. "
Rui Yuehua: Establishing Securities Public Interest Litigation System
Rui Yuehua, deputy to the National People's Congress and chairman of CSI Small and Medium Investor Service Center Co., Ltd., said on 14 that we can learn from the practices of consumer protection and environmental public interest protection to promote the establishment of public interest litigation system in China's securities field. He suggested that by promoting the revision of relevant legislation or introducing a special judicial interpretation, it is clear that specialized investor service protection institutions that meet the statutory conditions are the plaintiffs, and securities public interest litigation should be filed to explore a new mechanism for protecting the rights and interests of investors in China's capital market, especially small and medium-sized investors, and safeguard the public interests of the capital market.
Rui Yuehua made the above remarks when the Hubei delegation participated in the deliberation of the work reports of the Supreme People's Court and the Supreme People's Procuratorate.
In recent years, the traditional types of cases such as insider trading, market manipulation and breach of trust in China's capital market have continued to show a high incidence, and various new types of illegal acts have also emerged. The incidents of infringement of investors' rights and interests in the securities market have been on the rise year by year. The Supreme People's Court's work report for 20XX shows that 4,238 cases of false statements and insider trading were concluded in 20XX. In this regard, Rui Yuehua believes that it is extremely urgent to establish an effective investor rights relief system in the securities and futures market.
The large proportion of small and medium-sized investors is a remarkable feature of the market structure of China's capital market, and the main structure will not change fundamentally in the next few years. Because small and medium-sized investors are relatively scattered and weak, the injured investors mainly defend their personal rights through spontaneous litigation. From the actual situation, on the one hand, small and medium-sized investors face difficulties such as long litigation period, high cost, low effectiveness, difficulty in obtaining evidence and taking risks through spontaneous litigation, and it is difficult to get timely relief for their own rights and interests; On the other hand, small and medium-sized investors often give up their rights on their own initiative because of high litigation cost, lack of professional ability, unclear litigation expectation and other reasons, thus objectively reducing the illegal cost of relevant market entities and effectively deterring illegal activities.
Liu, chairman of the China Securities Regulatory Commission, pointed out at the press conference on June 5438+02 that "only by protecting the rights and interests of small and medium investors can we promote the steady development of China's capital market."
Rui Yuehua said that in order to further strengthen the protection of the rights and interests of small and medium-sized investors, we can learn from the practices of consumer protection and environmental public welfare protection in China and actively promote the establishment of a public interest litigation system in the securities field.
The so-called public interest litigation generally refers to the litigation brought by organs, organizations or individuals in order to safeguard public interests against the national interests, social interests or the specific interests of others. China's "Civil Procedure Law" stipulates the public interest litigation in principle, defines the plaintiff qualification of specific specialized organizations in the fields of consumer protection and environmental protection, and has carried out active practice. In 20XX, Fujian court concluded the first environmental civil public interest litigation case.
Overseas capital markets have mature practical experience in developing public interest litigation in the securities field.
Rui Yuehua suggested that a special clause should be added in the revision of the Securities Law to clarify that a professional investor service protection institution that meets the statutory requirements has the right to act as a plaintiff and file a securities public interest lawsuit against securities violations that infringe the interests of many investors in the name of an investor service protection institution. By initiating securities public interest litigation, we can effectively avoid the dilemma of "collective action" when individuals sue, provide demonstration and guidance for many damaged investors to actively protect their rights, and fully realize the deterrent effect on illegal acts, thus improving the efficiency of investor rights relief and safeguarding the public interests of the capital market in time.
In view of how to realize public interest litigation and protect the legitimate rights and interests of investors under the current situation, Rui Yuehua believes that similar to securities public interest litigation, supporting litigation can also achieve the effect of timely and effective relief of investors' rights and interests under the current legal framework. Public interest litigation is generally initiated by specialized agencies as plaintiffs, while supporting litigation means that specialized agencies act as agents of investors to support investors in litigation.
As an institution approved by the China Securities Regulatory Commission to provide protection services for small and medium-sized investors, the Investor Service Center is currently studying and exploring public interest support litigation for small and medium-sized investors, supporting small and medium-sized investors to initiate rights protection litigation through public lawyers or organizing securities public interest lawyers as investors' litigation agents, playing a role of demonstration and guidance for small and medium-sized investors to protect their rights, and purifying the capital market environment.
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