Civil Law Analysis Of The Phenomenon Of Group Rental In China

In recent years, with the acceleration of urbanization, the population mobility increased and the rising property prices, the group rental as a new lease way in social transformation is rising in our country. Group rental does have a certain degree of inevitability, not only reflecting the contradiction between supply and demand of the market house, but also reflecting the poor living conditions of low-income groups. "Group rental" is not a strict legal concept. Its legal characteristics are also not a strictly defined. But from the regulation of group rental in local regulations and local government rules,we can distinguish between the ordinary house rents, joint rent and the group rental.Of course, the group rental is not only in our country. The group rental phenomenon appeared earlier in the developed world, and they has formed a complete set of laws and regulations to regulate it. In recent years, our government attach great importance to the problem and unveil a number of policies to regulate. But on the whole, the legal hierarchy is lower, mainly dominated by local regulations and local government rules.However, since the production of the group rental, accompanied by a controversial, each place’s renovation work has never stopped. Some scholars think that the group rental act violates the legal rules.The security risks, environmental pollution produced by the group rental behavior cause great harm to adjacent property owners, damage the public interests, belong to illegal behavior.But it should be noted, Contract law article 52nd 5th stipulate that violations of the laws and administrative regulations of the mandatory under the contract is invalid. Howeverjudging avoidance of the contract in contract law is only limit in the laws and administrative regulations. Under the background of the current legislation, there is no relevant laws and administrative rules to limit the group rental. Departmental regulations and local government regulations are unable to identify the group rental contract’s potency.But at the same time, the problems brought by group rental should not be ignored. In the group rental room, large population has surpassed the house’s bearing to anticipate. Some landlords dismantle bearing structure without demolition, change layout, endanger the overall building’s safety.Some misconducts of the group rental tenants have made a certain impact on the adjacent property owners’ normal life.Private law cannot be used as reason to evade regulation.Legal action is not necessarily reasonable.It is urge to regulate the neighboring rights infringements of the group rental tenants. While maintaining the group rental tenants’ basic survival, should also protect the rights of adjacent property owners. Devising house, bearing walls or beams and other acts endangering the overall safety of buildings by some ownership of buildings, must be limited. In terms of neighboring rights conflicts by some misconducts of the group rental tenants and losses in common parts, the author hold a view that people have a certain tolerance obligation. If beyond, they can sue for damage.Meanwhile, taking into account the group rental tenants who actually use the buildings, the author proposes to give some membership to the group rental tenants to facilitate the management of a building. Finally, such a large number of the group rental tenants, how to exercise preemptive right under the same conditions, the author analyses the current solutions on this problem and puts forward the proposal to introduce co-ownership. At last,in terms of issues produced by the group rental,the author gives some solutions in this paper from the angle of private autonomy.