The Legal Issues Of The House Rent Management In Urban Area

As one of the contents of the real estate management, house rent management system in urban area refers to a system that the residence rental administration department which represents the public interests in order to achieve "home ownership" social residence policy goals, by means of planning, coordinating, supervising and standardizing the private rent in state-owned land in urban area under certain rules and procedures, as to maintain the market economic order, protect the legitimate rights and interests of the lessee, as well as improve social welfare and coordinate economic and social benefits. The right to "Live " is a basic human right, whether from the theory of social benefits equilibrium or Citizens residency or standard of society, the government can not shirk the responsibility to protect low-income strata of residence as they are vulnerable groups in lease relationship. Under our current buyers’pressures and social context of urbanization, more and more residents’housing demand transfer to the housing rental market, because their wages cannot fulfill the demand "to pay reasonable and suitable". As an important part of the real estate management, house rent management system is of great significance for the promotion of residence rental market development and maintaining an orderly trading market as well as improving the social security.Therefore, the house rent management is a way worthy of adoption for the city government to safeguard the "live" rights of lower-middle class who live in large cities, and promote social benefit balance. Lots of foreign countries and regions have been trying to cognize the house rent management system by continual revision. Affected by a number of factors, we have to face the fact that China’s current law on rental residence is too general, let alone the laws on rents.what’s more it is blank at the institutional level, thus the resulting social problems can not be underestimated. In view of this, I selected "The Legal Issues of House Rent Management in Urban area" as the topic for the graduation thesis, trying to put forward my own preliminary opinions on build the legal system of our country’s urban house rent management on the basis of absorbing foreign rent control experience in related legal system as well as analyzing the present situation and problems of China’s urban house rent management.The core of the article is house rent management in urban area, and the full-text is divided into the following four parts:The first part explains the concept and connotation of urban house rent management and the theoretical basis and practical significance. House rent management is a legal intervention in economy by the government. Although economists emphasize the importance of efficiency in a market economy, the house rent management in urban is a last resort option after weighing the gains and losses of all aspects of social and economic benefits. This system in the protection of the lessee not only appropriate practice the concept of social standard, and conform to the connotation of the rights of the weak. Besides, the house rent management is of great significance for promoting the rental residence market and maintaining an orderly residence trading market, and it is also important to improve our social security system.The second part mainly discusses the relevant systems and experience of house rent management in foreign regions. In this section, the residence rent control system in New York, Germany and India was introduced. On the basis of inspecting and analyzing residence rent control system in three countries and regions, it will be confirmed a correct attitude towards treating urban residence rents and relevant valuable experience as to provide institutional support and legislative basis for our country’s legal system.The third part mainly analyzes the status quo of China’s urban house rent management, including the legislative status and content, the situation and problems of our current system, and the causes."Commodity Housing Rental Management Regulations",which is carried out in2011and local regulations make it clear that our country should manage the house rent in urban area. But it is so principle that out of implementation at the legislative level as well as system level. Although there are tendency to build the system, it is blank actually. The blank of house rent management in urban area in legislation and system has a bad impact which can not be ignored on the lessee, the residence market, government spending and social stability and other social aspects.The fourth part is the core of this paper which is mainly trying to build our country’s urban house rent management system. China’s house rent management system mainly covers four aspects including the subject, the content, the procedure and the legal liability. First of all, we should make out the administrative setting of the subject and its function, and design its responsibilities. Secondly we try to explore the rules of house rent management in urban area on the basis of reference to relevant experience. Thirdly, the relevant procedures of house rent management in urban area should be clearly defined in order to ensure legal procedural justice, and ultimately realize substantive fairness. Lastly, multi-level accountability mechanism should be set up to ensure the effective implementation of the entire house rent management system.