The Legal Research On The Protection Of The Tenants’ Rights And Interests

The rate of house ownership and long-term residential leasing rate is in a seriousimbalances. Our rental market is underdeveloped. There are many reasons leading tothat, including policy, national psychology, etc., but the most important factor is thecurrent lessees’ rights protection is poor. All these contribute to the failure to cultivatethe balanced market through the game between the two sides. The author focusedon the field of residential leasing, exploring by strengthening the regulation ofresidential rental market, strengthening the residential tenant ’s rights protection,taking into account the interests of the lessor, and thus stimulate the rental marketvitality to promote the healthy development of the residential rental market and tapthe potential of the housing rental market to meet the needs of people living.The main line of this paper is the rights protection of the lessees. Both statisticalanalysis, value analysis and comparative law analysis and other research methodswere adopted. The damage of the residential tenants’rights and the reasons for thepresent fact, the theoretical basis of special protection of the lessees’ rights andspecific tenant rights protection system construction were researched.This paper is divided into four parts:In the first part, damaged condition of the lessees’ rights and interests and thereasons for the inadequate protection were clearly revealed. This can lay foundationfor the research of the theoretical basis of the protection of tenants’ interests and laterdiscussion of specific tenant rights protection system construction. Through reviewof the National Bureau website and related online voting information, comprehensiveresearch and analysis of the conclusions of other scholars, the author summarized thepresence of rental housing rental market: the situation of the house vacancy and rentalhouse can’t meet the need exist, rents deviation from the normal market level, realestate behavior anomie, poor leasing relations stability and deposit fee deductionconfusion and so on. Based on the analysis results, we can find the root cause of the situation is that the concept of special protection residential tenants is vacant, thelease contract term,moderate rent-control system and the mechanism of depositregulation system ‘s lack cause damage to the interests of the lessees. These factorslead to obvious passive social rental characteristics, lack of motivation and initiativerent, which restricts the balanced development of the residential rental market and thesale of housing market.The second part explored the theoretical basis of special protection of the lessees.Moderate break through the current rental reversion freely negotiated, the law "autonomy " deposit receipts arrived and contract deadlines, advocates strengtheningthe residential rental market regulation, emphasizing residential tenant rightsprotection, these require a solid theoretical foundation for support. Fromconstitutional law, economic law, civil law and leasing unequal station fouraspects,the author demonstrate to strengthen the protection of interests of thelessee.The nation bears the obligation to protect citizens’ s right to housing. It is theneed to maximize the overall effectiveness of implementing the social philosophy ofcommunity-based reflect and the owner should exercise social responsibility and it isa necessary means to redress the imbalance market position of the parties.In the third part, I try to explore the Construction of special tenants’ rightsprotection system. Strengthening tenant rights protection is the main line, trying topromote the balance of the rights and obligations between the two parties, whileimproving related systems, and promote the healthy development of the rental marketis the guiding ideology of this part. Firstly, we should build a full range of rentregulation system, adhere to the market to determine the initial rent, rental reversionappropriate regulation, strengthen the real estate agency practitioners behaviorregulation,build house vacancy taxes and raise residential housing rental taxthreshold, form mechanism of regulation of rents combination of boxing so as tokeep rent levels stable; Secondly, reform of the current term of the lease contractsystem, the implementation of the priority attached to the right to renew the contract-based, supplemented by the general system of fixed term lease contract, and clearly its scope and subject matter as well as the loss of the right to renew the contract isterminated, thereby safeguard the relative stability of the lease contract; Thirdly,improve the deposit system, the amount charged explicit deposit, deposit guaranteesand deposits deductible debt range, return time and produce a detailed list ofdeductible program, the violation of the provisions of the deposit shall bearresponsibility; Fourthly, proposed to improve the rental management system, it isrecommended to apply the obligations assumed by the lessor for the registration of therental, lease management apartment should play a role in the lease dispute mediationso as to reduce leasing costs.The fourth part is the conclusion. The author concludes the paper,pointing outthat the construction of residential lessees is of great value in promoting thedevelopment of residential rental market and promoting social harmony and stability.