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Research On Legal Regulation Of Group- Oriented Leasing

Posted on:2015-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhangFull Text:PDF
GTID:2296330461456670Subject:Law
Abstract/Summary:PDF Full Text Request
"Group-oriented Leasing" has become a fashionable words, but it still does not have a more unified concept. In generally, "Group-oriented Leasing" may define as the house-owners rent their houses to more than two lessees separately or the first lessee rents the house again partly or completely to more than two tenants. At present, Group-oriented Leasing may divide into three forms:One is the living room, the kitchen and even the balcony divides into certain small spaces, small spaces according to; Another is that arranging many beds in a room, according to bed renting; The last one is that the landlord does not divide the house directly, but as a whole rent it to a unit for the unit’s dormitory.Group-oriented Leasing is a long-standing phenomenon, and it has become a noticeable problem, especially in metropolis, such as Shanghai, Beijing, Guangzhou and Chongqing, which is helpful for solving the problem of some low-income groups’ living. At the same time, it is reasonable that the society dissatisfied with "Group-oriented Leasing" because it has a passive influence on normal residents’ regular life and living quality and brings many hidden dangers, such as safety, sanitation. Because of this, some districts and departments has strengthened the efforts to standardize and investigate.The phenomenon of Group-oriented Leasing has attracted great concern from outside and it is switching from social problem to legal problem. Therefore, the research on Legal Regulation of Group-oriented Leasing has an important practical significance.The thesis is divided into five parts. Part one introduces the social problems and legal disputes, and demonstrates the necessity of the legal regulation of Group-oriented Leasing. Base on the related research achievements, this part indicates my ideas and methods.In the second part, this thesis discusses the legitimacy question of Group-oriented Leasing, pointing out that Group-oriented Leasing itself is not illegal.Thirdly, this article analyzes the legal theory basis of regulating "Group-oriented Leasing" behavior from the perspectives of freedom and limitary theory, adjacent relations theory and building classification ownership.In the fourth part, this paper resolves from the relevant subjects’relationship of rights and obligations within the private framework to research the rights and obligations of the house renter, lessee, other owners and property management company.At last, based on the experience of domestic and abroad, this article put forward with a management strategy of the combination of public authority and private law. On the one hand, in the field of private rights, fully promote the spirit of party autonomy, paying great attention to the regulations effects of rental contract, property service contract and management stipulation, in order to realize the harmony with lessee’s subsistence right, renter’s property rights and other homeowners’ rights to rest and environment. Add to this, the context also analyzes the necessity of government intervention in terms of social order, public interest and the pursuit of maximum efficiency and minimum cost, advocating that public authority should intervene properly to regulate "Group-oriented Leasing" market, and switch from" lazy politics thinking" to act vigorously, that is, administrative permission is given priority and rectification activities are supplemented. Through cooperation of both public authority and private law, we wish to treat the symptoms of Group-oriented Leasing", and meet the widest needs of living but not weaken the living quality.
Keywords/Search Tags:Group-oriented Leasing, Freedom and Restrictions, License of Group-oriented Leasing
PDF Full Text Request
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