House Lease Registration And Filing System Research

House tenancy register records system is built for managing the rental market, which regulates house lease parties have the responsibility to rent rental contract to house property management authority to review. This system began in1983, so far, although more than20years have passed, people don’t have a deep understanding of this system. So the System has not a good implementation. People have different attitudes on the function and effectiveness of rental system, which cause the practice chaos and confusion. Because of the fuzzy and the lack of legal regulations, the judicial practice have different understanding of affecting the validity of the leasing contract whether give a registration or not. In practice, the rental registration system has not been a good implementation and the leasing contract registration rate is very low. Some scholars have also pointed out that" the rental registration system is no longer necessary". This phenomenon is worthy to rethinking. I chose the "rental contract registration filing system" as the topics of the paper, aiming at correcting the errors in the theoretical and practical understanding, making recommendations for rental housing registration system to make sure it can play its due role.This paper is divided into six parts:The first part includes research background, literature review and the implications of the research.The second part gives a systematic introduction of concept and content of rental registration filing system, and proposes that rental registration system is not a registration system in property law sense.The third part gives legal analysis of our rental registration system. Raise that no registration formalities does not affect the effectiveness of the lease contract, the epitaxial definition of the rental right gives impact recognition of its nature, the registration of the lease is better publicity methods of rental right, there is no clear protection of rental rights with the obvious color of public law.The fourth part gives value analysis of our rental registration system It reveals the usefulness of our rental registration filing system from two aspects:public law values and private law values.The part five provides a brief introduction of rental registration filing system, legislative status and the status of implementation, and analyzes the reasons for this situation.The sixth section summarizes the scholars in China rental registration system to the retention or abolition of the views and the transformation path proposed to ease the transformation path is most appropriate at this stage of the improvement measures.