Sino-us Rental Legal System Is A Comparative Study

The scope and the means of dominion of property have beenchanged as the market system has set up completely in our socialism.The dwelling house,as a substantial real estate,play an important roleincreasingly in the routine lives and business.The leases,is a crucialpart of the market economy,add the new ways to the business of theperson. All the people had sold their house to the government sincefoundation of the PRC, The government engaged in the reform of thedwelling house,that is,the government transferred the house to thepublic,which brought about some bad impact on the rental market.Therefore,the present rental market is not mature compared with that ofAmerica,which has a range of complete system, so that we should drawupon the experience of the rental system of America, which is the reasonof that I want to adopt the comparative approach to research on the leasesystem.The first part is focus on the evolvement of lease regime in thehistory of both China and America. Our rental system traced back to thefoundation of PRC. The government of China started the reform ofanti-privatization in the every field,including the house building, whichlead to the result that the government owned all the property, that is,thegovernment distributed the resources and wealth together. Thegovernment leased the house to the public who all have residence. Thehouse system had reformed that the government beginned to assignedthe house to the public at a cheap price. This is why our rental systemattach more importance to the rights and interests of the tenants.However,the whole rental system of America, which has centuries-oldhistory was evolved with the obligation of landlord and right of tenantso that it has a perfect rental regime. It is necessary to research on therental system from the historical perspective comparatively.The second part is focus on the elementary institution of both the China and America,which paves way for the following comparativeregime. This part introduces three doctrine concerned with the nature ofleasehold ,including leasehold equaled to the creditor's right, theleasehold embodied the traits of right in rein and leasehold equaled toright in rein.In addition,I take the two aspects seriously,which includethe basic provisions and particular institution.As far as the theinstitution of America concerned,I concentrate on the duty to put thetenant into possession,lease for intended use,the relationship betweenthe quiet enjoyment and constructive eviction and discharge of rentalcontract, furthering the implied warranty of habitability,assignment andsublease and so on.The third part is a crucial part of the thesis,which focuses on thecomparative study on rental system to analyze the difference betweenthe two institution.The part acquire the conclusion that we have differentvalues from the research into the evolvement of the rentalhistory.Then,I compare the peculiar system with the samecontents,analyzing the advantages of the rental system in America anddisadvantages of our rental system which result in that the rental systememphasize on promotion of rental market while that of China depressedthe development of rental market as the law may guide where we willbe.The fourth part is to propose some suggestion to the present rentalregime.It is the first step the research on the rental system fromcomparative approach and I will try my best to further the research inthe future because we have a long way to reach the objective of settingup the complete rental regime.