A Comparative Study Of Chinese And German Rent Control System

House is the necessity in the life, it is the foundation of human existence. Access to appropriate house is a basic human right, but everyone has their own house, which is unrealistic.Especially in the recent years, with soaring of the houses’prices, the public purchasing power in the houses is greatly reduced, which result to heat up in the rental market, more and more people plunge into the rental market.Due to lack of rental house, expansion of rental demand, harmful participation of intermediaries and other factors,it make the country rents to growi, the rental market show a "revenue does not rise, prices do not fall, rents soar "situation.The particularity of house provides reasonable to regulate house transactions between private individuals, but whether it is necessary to take similar "housing restriction order" or administrative intervention (the Rent Control),it becomes an important issue. The Rent Control is carrying out in many countries.The Rent control system in Germany has also a very long time, and it adjusts to the ongoing social and economic development.The Rent control in china is not something new, in the Republican period it was carried out by the government, and with the collectivization movement it was abolished.Today there are not relevant provisions in The Rent Control, but because the recent soaring rent is serious, people demand the control, it shows a trend to take measures in the rent control.In this context, The Rent Control in different course of development in China and Germany are compared, it analyzes detaily the Germany’s rent control system, and then discusses the necessary of the rent control in china.Besides the introduction and conclusion in this article there are also three parts,that discusses the rent control system in German by the way of legal comparison between in china and in German.The first part introduces the historical development and current status of the latest rent control system in China and Germany, and compares the different social background of the rent control system.The second part focuses on the specific content of rent control system in China and Germany. The part is the main part of this article, specifically compares rent control system from the aspect of object, specific rental growth restriction, restriction and procedure of housing recovery,then compares the difference of chinese and german law in rent by real case.The third part analyzes Constitutional basis and the theoretical basis of rent control system. And describes the impact of the rent control system for the lessee, the lessor and the rental market. It discusses whether it is necessary to create rent control in China.By comparing the chinese and German rent control system, we should realize that the current socio-economic situation in China is different from in Germany, face to the sitution of soaring rent, we should be based on the actual situation in China,learn from the advanced experience of Germany, then establish practical policies in China to curb rising rents. The law is trying to find a way, that is able to control rent prices and does not interfere the economic market.I hope that through this article more and more people can focus on the current problem of rising rents. When the legislature and local governments solve the problem of rising rents in the formulation of laws or regulations, they can think over from the Long-term interests, do not only copy the alien system. Regulation of the market should be bringed into play. The intervention of government should be reduced as much as possible.