The Discussion Law Problems About "the Commercial Use Of Dwelling House"

In our country,"the commercial use of dwelling house" has its the profound background.Since reform and opening up,the economic power of China is growing and the competitiong in the market is growing increasingly fierce. Previous iron rice bowl was gradually replaced by the more freelance work. Laid-off workers, youth entrepreneurship cannot afford expensive office rents.So they started to conduct business operations in the residence.The commercial use of dwelling house arises at the historic moment. In2002promulgated the "The small and medium-sized enterprises promotion law of the People’s Republic of China" embodies the country to the attention of the development of small and medium-sized enterprises and the law. Under the push of economy, policy and the law, the commercial use of dwelling house began to spread all over the country. Thereupon, the conflicts of interest and a series of legal problems follow. To give advice on balancing the interests and resolving the dispute,this article fully analyze the commercial use of dwelling house.This article is divided into four parts.Starting from the case,this article nalyzes the pros and cons of the commercial use of dwelling house.And it explains the adverse effects to the residential environment. The high requirement and high use frequency of public resources may lead to form a complete set of residential resources in short supply.It also brings a certain amount of loss to the state taxes and fees. In spite of this,it still exists in our country, due to it’s role of the economy and the stimulation of jobs as well as to the urban space diversity.Therefore,we do not prohibit because there are drawbacks.Instead,we should give full play to its functions nad improve it.We explore the legal regulations of the Anglo-American law system(take America and Hongkong for example)and the continental law system(take Germany and France for example),in order to make it clear.Most countries in the world ban it relatively.They overcome the malpractice and the effects it may bring by limiting the means. It is worth our reference and improvement. But because of the different national circumstances,we won’t copy them blindly.We should fully recognize the commercial use of the dwelling house and the development of small and medium-sized enterprises for the economy to promote significant role.What’s more,learning the rules of other countries is also significant.It should be limited to avoid the bad effects.According to our country law and judicial interpretation,we analyze its legal requirement.It mainly includes the following three aspects:firstly, it should comply with the law. That is to say that it can conform to the laws, judicial interpretations in China, the provisions of the regulations and management stipulations,such as The Property Law.Secondly, the consent of the interested party.In this part, a detailed analysis is taken on identifying the interested parties, One Ticket Veto and rules of agreement. But there still exist some deficiencies, which should be segamented under the existing legal provisions. We ought to clearifying the scope of the interested parties, bringing express consent into the lawand unanimous vote for the principle,"the majority" vote for an exception.Whether from the public interests or from the perspective of jurisprudence,it must be restricted.But I can’t agree with that limiting its scope of business by the motivation which the academics put forward to. The limitation on the scope of business shall be the mandatory provisions of laws and regulations to determine its out of range, And on the limit, it shall follow the principle of maintaining right to dispose of, prohibit abuse of rights principle and comply with the principle of the economic situation. Under the guidance of the above three principles, the paper puts forward the specific form of curbing:to set up management stipulations, review activities, and strengthen the property management into the tolerance obligation. Carrying on the limits to eliminate its shortcomings in order to balance the distinguish between the interests of all of the owners.