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Study Of Group-oriented Leasing In Legal Field

Posted on:2014-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2256330401484532Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of economy, China’s urbanization has improvedcontinuously; the urban housing problem has become increasingly prominent.In the18th session of the National People’s Congress and the two sessionsin2013,let more rural people become citizens has been mentioned a fewtimes. It will set off a new wave of urbanization in our country. At thesame time, it brings new problems to the urban housing. In recent yearsthe group-oriented leasing has gradually come into public view, and getsmore and more discussion. In the future process of urbanization, thegroup-oriented leasing will bring more problems, get more attention. Sogives it a systematic research in the field of law, to circumvent theproblems it brings, to guide its development is particularly important.The article according to the ideas of found questions-analysis ofthe problem-to solve the problem to write. The paper is divided intofive parts. The first part mainly introduce the concept of group-orientedleasing in china, and pointed out that the difference between thegroup-oriented leasing and shared accommodation. The second partdescribes the reason of the group-oriented leasing and problems it takes.There are economic reasons and legal reasons. Economic reasons are thefundamental reason and legal reasons play an important role. The spreadof the group-oriented leasing brought a series of legal issues,environmental and security issues between the lessee and the other owners,frequent infringement between the lessee and the lessor, the lessee andproperty management. The third part analyzes the group-oriented leasing from the perspective of civil law, through the study of leasingrelationship (especially preemption right), condominium ownership andthe adjacent buildings relations. The fourth part introduces the laws andpolicies of the United Kingdom, the United States and Hong Kong in houselease areas. It can provide advice for China to resolve the problems ofthe group-oriented leasing. The fifth part introduces laws andregulations about the group-oriented leasing in our country.Then putforward some constructive comments to solve these problems. First, theattitude to face constructive comments is important. That is, accept thelegitimacy of existence, change limit to guide the development of thegroup-oriented leasing. Second, public law should play the role ofmacro-control function, and improve the existing laws and regulations inChina, and the permit system must be established. At the same time tostrengthen the management of intermediaries. Third, play the role ofautonomy of private law.“Give therefore to the emperor the things thatare the emperor’s; and to God the things that are God’s “thegroup-oriented leasing should be more adjusted in the private law field.At last government must do something. Such as provide low-rent housing.The people who live in the group rent house are vulnerable groups,their basic living rights and interests should be protected. But thegroup-oriented leasing brings the problem is real. The article aims toanalyze the the group-oriented leasing in law filed, then take suggestionto solve the problems, to make the group-oriented leasing have a betterdevelopment in China. Finally achieve a balance between lessees and otherowners.
Keywords/Search Tags:group-oriented leasing, preemption, condominium ownership
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