On House-leasing Administration And Related Administrative Law-enforcement

At present, the house-leasing market is becoming brisker and brisker with the rapid development of real-estate industry all over China, exhibiting unprecedented vigor and potentialities of further development. Such a marker of Changchun, still being a new and stealthy one, has gradually taken shape with the deepening of the economic reform and opening-up to the outside world and the establishment of the market economic system. Mouse-leasing industry, as an important part of Changchun's real-estate market system, has seen much progress in recent years and has already become a sunny industry among the areas of investment in the city. It is playing a role not to be ignored both in promoting investment and stimulating consumption and in maintaining social stability.House-leasing is the main channel through which dwelling places for a considerable proportion of the residents in our city are provided, thus helping to form a market with a large demand. Development of the house-leasing market will bring about a "win-win", effect benefiting both the state and the people. First, it will be beneficial to development of the real-estate sector and housing industry. Once house-leasing becomes a profitable industry, it helps materialize the added value of real estate and thus attracts large funds to the real estate sector and spurs on sales of commercial houses. Secondly, it will help effectively solve the vacancy problem in commercial housing. At present, the total number of vacant commercial houses in the city still remains large. Anspite of the facts that the general situation of the real-estate market has been changing for the better since 2001 and that the volume of personal purchases has been increasing, it seems difficult to sell out all the long-overstocked vacant houses within a short period of time. House-leasing, bearing the characteristics of short cycle, great flexibility, small amount of lump-sum payment, feasibility of quick changes, etc, can simultaneously satisfy the demand of the market, enable real-estate developers to recover their capital and grant returns on investment to the purchasers as property owners. Thirdly, development of the house-leasingmarket will help open a new channel for investment. In recent years, people have always been keen on hank deposits despite the several reductions of deposit interest rates. This means insufficiency of investment channels for urban residents. Opening the house-leasing market further and making house-leasing industry reliably profitable will cause part of the deposited capital to be repositioned and invested in real-estate. Nowadays many residents of Changchun purchase new houses with bank loans and repay the loans with the monthly rents for the old houses they let out. This is obviously a new way to invest. Practice has proved that it is of positive and immediate significance to nurture and develop the house-leasing market. Development of such a market is an inevitable option to be made in order to satisfy the effective demand of the real-estate market and raise the living standards of the masses. It will also help enrich and perfect the real-estate market system and push forward the rea-estate industry as a whole. House-leasing administration constitutes an important part of unban administration, involving vital interests of the residents of the city and affecting peace and stability therein.With a clear knowledge of the importance of house-leasing market, we should tighten up administration of such a market by standardizing market regulation with a series of measures in order to meet the needs of the market economy and effectively bring about its further prosperity and development. Administration of the house-leasing market and administrative law-enforcement are closely related since the former is in nature the conduct of the latter. To meet high standards of house-leasing administration, it is essential to start with improvement of the administrative staff's work of adminstrative law-enforcement.This thesis elaborates on such issues in four aspects as are related to house-leasing administration and administrative law-enforcement. First, it starts with some relevant concepts of house-leasing administration and administrative law-enforcement, elaborating on the concepts in detail and clarifying the relationship between the two.Then it elaborates on the necessity of Changchun's house-leasing administration, which aims at protecting the lawful rights and interests ofboth the lessors and the lessees, effectively reducing disputes emerging from house-leasing, establishing a sound order of the house-leasing market and turning the house-leasing market from , "underground deals" to , "sunny operation". An upsurge in abiding by the state laws and leasing houses legally has already been seen in the whole city of Changchun, causing the attention of all circles to house-leasing industry, consequently, officials in some relevant government departments have changed their views on house-leasing and their attitudes thereto from being reluctant to take charge to going in for earnest administration of house-leasing of their own accord.Next, by analysis of the current situation of house-leasing administration and administrative law-enforcement in Changchun, it presents some major problems found therein: It is difficult to actually carry out house-leasing administration, for each of the relevant administrative departments does things in its own way and out of line with the others. A system of arrangements for full utilization of social resources is still to be set up. Other problems include delay of legislation for house-leasing, flaws in the current management system, inadequacy of propaganda for house-leasing administration, weak consciousness of the residents of application for house-leasing registration according to law, residents' failure to get their leased houses registered at their own accord, high housing taxes and so on and so forth.Finally, it presents some applicable measures to enhance house- leasing administration and administrative law-enforcement: A mechanism of harmony should be set up to make all the departments concerned work coordinately and integrated house-leasing administration exercised. Administrative functions of the house-leasing offices should be performed to the fullest extent by way of combination of house-leasing administration and leasing services, Social resources should be made full use of, with all the departments concerned jointly making efforts and taking charger so as to achieve the best efficacy of house-leasing administration .Relevant laws and regulations should be perfected, a complete administration system should be set up and registration and filing of house-leasing contracts should be standardized A tangible market should be vigorously nurtured with plenty ofnetwork platforms built up for house-leasing transactions, The public's awareness of the significance of development of house-leasing market should be enhanced through more active propaganda. The general qualities of the administrative staff should be improved. Administrative functions should be carried out in accordance with law. The house-leasing market should be brought into the management orbit of legal system and standardization. Law dissemination education should become a regular practice. A complete procedure of administrative law-enforcement should be established and followed. Supervision over administrative law-enforcement should be forcefully exercised. The responsibility system of administrative law-enforcement should be interpreted in an integrated way. A check-and-evaluation mechanism should be set up scientifically. A system of internal supervision and external supervision in combination should be establishedAn administrative measure is best carried out by means of persuasion and compulsion, tough on both hands. Persuasion means instituting practical and practicable administrative regulations and making the supervised targets go in for house, leasing under appropriate administration on their own initiative.Compulsion means carrying cut serious investigations on law-violating conducts and exercising penalties therefore according to law so as to enhance awareness of the masses of acting within -he limits of law. Persuasion without compulsion will inevitably lead to unfairness for those acting within the limits of law. Strict enforcement of laws and severe penalties for law-violating conducts in house-leasing is an indispensable condition for the standardization of the house-leasing market. In other words, healthy development and standardized administration of house-leasing market will be facilitated by stopping up the loopholes of illegal house-leasing.House-leasing administration and related administrative law-enforcement represents both a practical issue and a theoretical one. The important "Three Represent's Theory" should be adhered to and the mass outlook of "using power, feeling concern and seeking benefit for the people" should be taken as the ideology to guide the vigorous development of the...