The Regulation Of Assignment Of Commercial Real Estate

The dispute of Assignment of Commercial real estate, in the current《contractlaw》, it is difficult to get a results to make all parties feel satisfactory. The reason forthis is that on the issue of commercial real estate to sublet, countries have alreadyenacted law, the law of the accepted way to trade and folk trade way has a conflict.In judicial practice, the disputes caused by sublet shops in different regions, tothe shops to sublet fee "the nature of the definition is different. Have the judgedecided to sublet shops transactions in the judgment to sublet shops charge is"contract law" referred to in trading habits, think "sublet shops fees" charged andlawful; Also have the judge ruled that the shop’s turn to sublet shops charge is a kindof business practice, business rules, but now that is the market rule, should respect;But there are also some good judge compliance with the provisions of "contract law",think the sublet shops charge for sublet shops located in law. This conflict isessentially hidden rules widely exist in all walks of life, or is contrary to theprovisions of the law, the legislative intent of the other habit with a conflict andcontradiction between countries enacted law.At present in China already has the basic sound legal system, the emergence ofsuch a conflict and contradiction highlights many problems of the current law in ourcountry, such as implants conceived in the western spirit of rule of law department inChina’s current water and soil refuses to accept; Procedural justice in the legalframework is in, no matter from the point of view of law enforcement or public, is notdeeply rooted in the hearts of the people; Traditional thought for political power toosuperstitious, let people believe that a lot of hidden rules than the processes stipulatedin the law can more efficient, fast; Although legal system has, but the legislationquality remains to be improved, the current law between each department, and evenwithin the same department of the contradiction between different laws andregulations.This article aims to to sublet shops to sublet shops charge hidden rules of the realestate leasing market as the research object, from the perspective of jurisprudence,using the method of theoretical knowledge such as sociology, law and economics, byrule, this paper based on the causes and classification rules, the concept of theintroduction, introducing the concept of hidden rules, compared with the explicit rules as well as the analysis of the definition of hidden rules in view of law, highlight thehidden rules of different qualities, at the same time to clarify has homology of hiddenrules as the law, the law is significant to the optimization of the significance of hiddenrules as mirror, can improve their own law. Then began to shops to sublet the rules onthe market at present: sublet shops to sublet shops charge as an example, introducesthe status quo, the unwritten rules of trading to sublet shops charge a "shops rent fee"the hidden rule, the impact on the society of the rule of law for analysis anddiscussion to modern China at the period of social transition, the transformation of therule of law should be fully balance rules and formulation method of the relationshipbetween them, in the regulation of hidden rules, shall be three to action, on the onehand, starting from China’s national conditions, improve the quality of legislation;The need to consider China’s different regions at the same time, improve the multipledispute resolution mechanism; Finally, emphatically in the transitional period ofChina, introduce and popularize of the rule of law thought is imperative.