Rights Studies Of Lessees In The Public Rental Housing System

Public rental housing is one kind of indemnificatory housing, which is being vigorously developed by the State since the year of 2009. Currently, the majority of regional authorities in China have formulated relevant regulations aimed at construction and management of public rental housing. Nevertheless, among the current management regulations of public rental housing, it does not cover too much related to the lessee's rights, and the lessee's rights protection has not been paid enough attention either. Therefore, it is convinced by the thesis that lessee's rights in the public rental system shall be specified more clearly.In addition to the introduction and conclusion, the thesis is divided into five parts:In the first part, the thesis focuses on the status quo of lessee's rights protection in a public rental housing system. By making analysis of lessee's various rights of public rental housing in regional regulations, it is concluded that the lessee of public rental housing lacks joint management rights, and there is a shortage in co-tenant's re-leasing rights protection in a public rental housing system as well as unclear stipulation of purchasing rights of lessee of public rental housing.In the second part, it discusses the lessee's joint management rights. Firstly, it demonstrates that the lessee of public rental housing may become the main body of exercising joint management rights. In addition, it analyzes the contents of joint management rights, which comes to a conclusion that the contents of joint management rights shall include formulating and modifying management protocol of construction and its ancillary facilities as well as recruiting and dismissing the property service enterprise or other managers. Lastly, it offers suggestions to lessee's means of practicing joint management rights in public rental housing system.In the third part, it concentrates on the discussion of co-tenant's re-leasing rights in a public rental housing system. It firstly argues that co-tenants of public rental housing shall include the joint applicants when applying for the public rental housing as well as other individuals who jointly live with lessees. Furthermore, it shall clearly stipulate the circumstances that co-tenants may continue to lease. Eventually, it analyzes the means of practicing co-tenants' re-leasing rights.Furthermore, the fourth part discusses the purchasing rights of lessee of public rental housing. Firstly, it analyzes the feasibility and necessity of selling the public rental housing, which is followed by the discussion of conditions that the lessee of public rental housing could acquire purchasing rights. In addition, it studies the realization of lessee's purchasing rights. Eventually, it is indicated that the re-selling of public rental housing shall be restricted.In the last part, it gives suggestions of rights protection in terms of lessee of public rental housing. In order to better protecting the rights of lessee of public rental housing, it is thought that clear stipulations of lessee's joint management rights as the residents in the public rental housing community and co-tenant of lessee's re-leasing rights as well as purchasing rights that lessee enjoys to the public rental housing are further required.