Is it useful to appeal a dispute over the right to use public housing?

Whether the appeal will be effective depends on the specific facts of the case and the proper application of the law in the judgment of first instance.

Facts of the case:

If the evidence is insufficient, the facts ascertained are vague, and the whole or part of the case is questioned, the appeal can play a role.

Applicable Factors of Application:

If the legal provisions applied in the judgment are inappropriate, incompatible with the facts of the case, and contrary to the authenticity of the objective facts, the appeal is meaningful.

Article 170:Second-instance people's courts are to handle appeal cases in accordance with the following circumstances after trial:

1) Where the facts ascertained in the original judgment or ruling are clear and the law is correctly applied, the appeal is rejected by way of a judgment or ruling, and the original judgment or ruling is upheld;

2) Where the original judgment or ruling was erroneously ascertained in fact or the law was applied incorrectly, the judgment or ruling is to be changed, revoked, or modified in accordance with law;

3) Where the basic facts found in the original judgment are unclear, rule to revoke the original judgment and remand to the original people's court for new trial, or change the judgment after clarifying the facts;

4) Where the original judgment omits parties or makes an unlawful default judgment or seriously violates legally-prescribed procedures, a ruling is made to revoke the original judgment and remand to the original people's court for new trial.

It is possible to appeal, but in this dispute, the chance of winning the case is not large, and it depends on who the lawsuit is fought with, because the parties are different, and the probability of winning the lawsuit varies greatly.

Legal analysis: Disputes over the right to use public housing can be sued. The right to use public housing is the property right of the house, which belongs to the state or the collective, but this right of use is an independent property right separated from the ownership, which allows the user (public housing tenant) to transfer or exchange the right to use the house in a certain way within a certain range, and the income obtained after deducting the taxes payable belongs to the user owner.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Legal analysis: Disputes over the right to use public housing can be sued by Socks Xiangzhi. However, this right of use is an independent property right separated from ownership, which allows the user (public housing tenant) to transfer or exchange the right to use the house within a certain range through a certain method, and the income obtained after deducting the taxes payable belongs to the user owner.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations due to property and personal relationships.

Disputes over the right to use public housing can be sued. The right to use public housing is the property right of the house, which belongs to the state or the collective, but this right of use is an independent property right separated from the ownership, which allows the user (public housing tenant) to transfer or exchange the right to use the house within a certain range through a certain method, and the income obtained after deducting the tax payable shall be owned by the user owner. Article 3 of the "Civil Procedure Law of the People's Republic of China" The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between their mutual tenants and brothers due to property and personal relationships.

1. Any dispute arising from civil acts such as buying a house, leasing, pawning, construction contracting (including survey, design, construction, etc.), joint construction, intermediation, use, transfer, and confirmation of rights with real estate as the subject matter may be filed with the people's court, and the people's court will accept it as a civil case.

2. If the employee of the unit has an opinion on the unit's decision to divide the public housing, it is not within the scope of the court's acceptance and cannot be brought to the court; If the alletee (or other relatives who should move out of the old house occupy the old house) who have been allocated the new house and occupy the old house unreasonably, or the non-alletee forcibly occupies the public house on the grounds that the unit allocation is unreasonable, the aggrieved person (including the unit and the lawful allottee) may file a lawsuit with the court.

3. Where a unit allocates the right to use housing to an employee and has a contract for subdivision of housing, and the employee resigns or resigns, or is removed or dismissed from the unit due to his own reasons, and the unit requests to withdraw the right to use the public housing in accordance with the contract, it may file a civil lawsuit with the court.

4. Housing disputes between units arising from administrative allocation and other reasons are not within the scope of acceptance by the court, and the parties shall apply to the relevant competent departments for resolution. If the right to use a house is administratively allocated due to historical reasons, and the current owner of the house requests to take back the house for personal use or request a clear rent, he may file a lawsuit with the court, and the court will generally accept it as a civil case.

5. Real estate disputes caused by illegal construction, disputes caused by the identification and demolition of illegal buildings, shall be accepted by the administrative organ, and if the administrative organ does not handle it in accordance with the law or does not handle it properly, and the parties are not satisfied, it may be filed as an administrative case. However, civil disputes such as sales, leases, mortgages, etc., arising from the parties' illegal construction, as well as neighborhood disputes arising from illegal construction and failure to build and obstruct the ventilation and lighting of others, may be sued to the court as civil cases.

6. Disputes arising from improper examination and approval of building licenses by relevant departments that affect the ventilation and lighting of others shall generally be resolved by the plaintiff to the relevant department of Nakana, and may also file an administrative lawsuit with the court.

7. In cases related to the implementation of policies for private housing, such as problems in the renovation of private houses, real estate issues managed by relevant departments in the early days of the founding of the People's Republic of China, and problems in the implementation of private housing policies for overseas Chinese, Hong Kong, Macao, and Taiwan compatriots, the plaintiff shall apply to the local department for the implementation of private housing policies or relevant competent departments for resolution. However, if the relevant departments first implement the real estate in accordance with the private housing implementation policy, and then revoke it, the parties concerned are not satisfied with the specific administrative act of revocation and may file an administrative lawsuit with the court.

Disputes over the right to use public housing can be sued. The parties should bring their identity documents, public housing use contracts, complaints and other materials to the people's court where the real estate is located to apply for filing a case, and the court shall notify both parties to prepare evidence after accepting the case, and the court shall serve a public notice and notify both parties within seven working days.

Article 33 of the Civil Procedure Law: The people's courts provided for in this article have exclusive jurisdiction over the following cases: (1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the location of the immovable property; (2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located; (3) Litigation initiated by manuscript slag due to inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent is domiciled at the time of death or where the main estate is located. Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party. Article 126:People's courts shall inform the parties of the relevant procedural rights and obligations in the notice of acceptance of the case and the notice to respond to the lawsuit, or give them an oral notice.