The Confirmation And Disposal Of The Invalid Of The Housing Lease Contract In The Trial Practice

Rent is a common phenomenon in daily life. In when signing a house lease contract, pay more attention to the rent and the lessee is rent, time limit, payment time, but ignore the leased premises whether illegal structures, whether through fire control acceptance and other issues, cause both parties in a dispute, the effectiveness of the contract to become the primary problem, so the supreme people’s court announced on July 30,2009, the "about town house lease contract dispute cases" the explanation of the concrete application of law. But over time, the court in the house lease contract when found new situation unceasingly, is beyond the scope of judicial interpretation, house lease contract decided to become a big difficulty in judicial practice.This article first analyzes the definition and characteristics of house lease contract, this paper expounds the town house lease contract is invalid situations and rural house lease contract how to identity problems put forward the author’s personal Suggestions.Secondly, combining with the current court trial practice of house lease contract effectiveness of related cases, the court should be on the effectiveness of the house lease contract implementation of state intervention, can be active functions and powers in accordance with the trial, and take the initiative to review the scope and scale of the need to combine the condition of the house lease contract is invalid is analyzed, for the law and judicial interpretation stipulates clearly the contract shall be invalid, the court should take the initiative to review, this article discusses the common was deemed null and void, according to the content of the two sides of the plea, as the case may be whether to need to start the review.Finally, this paper discusses the party for the house lease contract effectiveness there is no dispute case, the judge in court investigation found that should be how to deal with the contract shall be deemed invalid. The author thinks that, to the introduction of appropriate interpretation of the Ming court, the parties cohabitancy contract is the legal consequence of invalid, and selective theory, how to release the scope of the Ming and shi Ming, dimension is analyzed, and then puts forward the author’s suggestion, in a unified decision scale.