Research On The Protection Of Tenants' Rights And Interests In Housing Lease

The real estate industry has always been an important part of promoting China's economic development.Domestic economy was driven by investments in in recent years,the proportion of the real estate industry which has been the pillar industry of national economy accounted for 25%or more.Under the vigorous development of real estate industry,the house leasing is also strongly associated with the lives of each of us.House leasing refers to the owner of the house as a lessor to rent its house to the lessee to use,meanwhile the lessee has to pay the rent to the lessor.And the tenant's rights of residence belongs to the basic human rights,which is involved in the basic needs of individuals and families as an important issue.The natural vulnerability of the lessee has become increasingly prominent,requiring special protection of legislation.The paper summarizes the problems which existing in China's house leasing field for decades,focusing on the protection of tenants' rights and interests in China:such as the leasing price is not standardized,the preemption right is difficult to implement.Then,by comparing these three countries' series policies of house leasing measures for the protection of tenants'rights and interests in Germany,the United States and Hong Kong,by analyzing the characteristics of the implementation from the perspective of historical view,the relevant suggestions for protecting tenants' rights and interests in housing leasing which also suits China's national conditions are finally put forward.The paper are divided into four parts except for the introduction and conclusion:The first part:the basic theory of tenant's rights and interests protection in house leasing.In addition to the relevant concepts of housing leasing analysis,the first part also includes the controversial issue which is how to define the tenants' rights.During the process of house leasing,the clarification of tenants' rights is also an essential part except for the need of signing the normal house leasing contracts and registering in house leasing departments.The paper states the main point of views in academia from these three aspects briefly:creditor's rights,property rights and lease rights changing into real rights.Followed by the discussion of tenants' basic rights and interests in house leasing from the basic theoretical knowledge of constitutional and economic jurisprudence.The second part:the current situation of housing rental market and tenants' rights protection in China.Based on the analysis of the housing leasing market and legislation status under the present situation in China,the paper summarizes the problems existing in the protection of tenants' rights and interests during the process of house leasing.China's house leasing market is not optimistic at this stage and there are still many aspects should be researched emphatically:the house leasing price is not regulated,the rule of not breaking the lease with bargain is not put into effect,the intermediaries infringe the legitimate rights and interests of the lessee,the lessee could not safeguard their legal rights after the process of house leasing.The third part:the extraterritorial legislation of promoting the tenants' rights and related reference.From the historical perspective,the author digs into their long-term real estate development process from Germany,the United States to Hong Kong,and the methods to adjust their house leasing policies for the tenants' rights protection.Through the analysis of the relevant legislation on the house leasing policy in these three areas,it is concluded that the protection of the tenants' rights and interests is worthy of our references.The author thinks that the improvement of foreign legislative protection is mainly that the spirit of legislation is more inclined to protect the basic rights and interests of the tenants.Only the tenants' protection is ignored too much in China through the study of foreign house leasing market and legislation.The fourth part:the perfection of legislation on tenants' protection of legal rights and interests in China.Aiming at the blind spot of the tenants' rights and interests protection in China' s house leasing,the paper puts forward some feasible suggestions according to the fundamental national conditions and the concrete process of the development of the real estate industry in China.In view of the difficulties encountered during the process of renting and leasing,we can improve the tenants' rights and interests through the reference of foreign house leasing experiences,to establish a sound house leasing system,and create a favorable environment for real estate leasing industry in China.