Research On The Regulations Of "The Commercial Use Of Dwelling House"

Most countries have the problem of"the commercail use of dwelling houses". Because of the differences of the national conditions, there're also different laws on it. In a word, most countries have the"permit and forbid"way to deat with the problem. In China, the government encourages and stimulates the development of the small-and-medium-sized enterprises. But they have to satisfy the need of the high-quality living conditions on the other hand. So many conflicts come out. We have to face it and treat it seriously. Although the 77th in"Property Law"has regulations on"the commercial use if dwelling houses"for the first time and"The Legal Explanations of the Building Seperating Owership"has explained it more for supplyment, it still can't totally solve the problem. The writer thinks that it's impossble to satisfy both sides. The expansionof one side's power will definitely damage the benefit of the other side. How to balance the two sides and make it into harmony has already become an emergency. This article starts from the weakness of the regulations of our country and analyse the regulatons of"the commercial use of dwelling houses"on the support of the theory of the building separating ownership. The writer believes that by the adjustment of the market mechanism, the principle of the neighbouring relation and autonomy the owners, it will do good in the research of"the commercial use of dwelling houses".This article has four parts.The first part is the brief introduction. It is the attributive analysis of"the commercial use of dwelling houses". The first part also has three parts. At first, it does research on the history of the commercial use of dwelling houses and gives a definition of its conception. Second, it tells the four feathers and forms of the commercial use of dwelling houses, that is,"residential and commercial","change a dwelling house into a shop""change the use of the house after it is completed"and"dwelling houses for rent or for commercial use". Third, it sums up all the problems that have come up when the commercial use of dwelling houses are being used in life. The first part is the foundation of the following parts.The second part is about the nowdays conditions and weaknesses of the regulatins on the commercial uses of the dwelling houses. It first tells about the regulations in China, including"Property Law""Judicial interpretation of condominium ownership", property management and other regulations about this matter. Then it analyse the regulations on the commercial uses of dwelling houses in Taiwan and Japan. The writer makes a list of the USA, France, Germany and Japan. In the end, the writer has a brife analysis and evaluation on basis of the regulations in China and abroad., also the writer raises questions related to the problem.The third part is about the foundation of making the regulations of the commercial uses of dwelling houses and judicial explanations and judgements. This part is going to have a deeper exploration of the basic of the regulations of the commercial use of dwelling houses. It analyses the buliding separating ownership in terms of jurisprudence. It helps us to have a better understanding of the obilgation and right of the communio and the exclusive right which the owner have. From the analysis, it tells the keynote of the 77th rule in Property Law and something about the Judicial interpretation of condominium ownership. It includes the subjects of the right and obligation in commercial uses of dwelling houses, interest owners identified conditions.The writer gives advice on the discussion on how to solve problems in all kinds of ways. In this part, the writer believes we can use the adjustment of the market mechanism, the principle of the neighbouring relation and autonomy the owners to overcome the inflexibility of the laws in real life except for the regulations of the law. There're suggestions at the end of the article-make it clear that what type of house it is, the integrity of the housing system and spervision management; perfect the owner of the agreement and the establishement of the punishment and compensation system..