Lanzhou WuQuan FangGuanSuo Recovered Male Rents A Case Analysis Of The Administrative Law

Public housing is a relatively new type of housing security system in our country,for it to solve the housing problems of low-income families in our country is of great significance and wide attention from society,but at the moment,about the nature of the public housing lease contract in legislation and judicial practice are determined without authority,so once the public housing lease contract dispute,and the ways to solve the uncertainty,entangled with is bound to affect the efficiency and quality.So,study the legal nature of public housing lease contract is undoubtedly has important theoretical and realistic significance.This paper first describes the Wu Quan Fang Guan Suo and yu a public housing lease contract dispute the specific circumstances and the outcome of a case,and then analyzes the cases focus: including public housing lease contract dispute in accordance with the civil dispute whether the adequacy of judgment and the case can introduce other way to settle disputes,such as accusing the administrative enforcement procedure.Case of the focal point of the this article second part carries on the above proposed carries on the deep analysis of the law.Based on current about the nature of the public housing lease contract in the judicial practice there are different understanding and application of some processing according to civil contract dispute,or processing according to administrative contract dispute.This article that determine what public housing lease contract belongs to the nature of the contract,the contract need to be taken into account the establishment of the legal basis,the purpose of the contract,the contract of the subject and the content of the contract.After a concrete analysis of the elements of public housing lease contract in the case and the reflect of the administrative action in this case,this paper will eventually public housing lease contract as administrative contract.Properties determine the contract,on the basis of this paper,and then analyze the disputes case attributes,content leads to specific dispute in a different way.In this paper,the third part on the basis of case analysis,more into the theoretical analysis,from the aspects of applicable law and entity handling of administrative contract dispute resolved through civil litigation restrictions,in view of the public housing rent dispute case,this paper further discusses the corresponding ways to settle disputes,tries hard in civil court,seeking a more optimal solution.In this paper,the fourth part raises the administrative contract dispute of other solutions,in the presence of restrictions of the civil trial cases,accusing the administrative compulsory execution as the choice of an optimal effect,the administrative behavior of substantialexamination can improve the work efficiency,reduce the administrative organ and the contact area of the parties,can better safeguard the rights and interests of the parties.But accusing the administrative compulsory execution has its drawbacks,such as its form of censorship is more efficiency,but for the flaws of the administrative behavior cannot be found and corrected,is not conducive to safeguard the legitimate interests of the administrative relative party.Accusing the lack of administrative compulsory execution,for the continuous development of legal theory and practice to perfect and improve,this is what this paper try to hope for.