Research On The Laws And Regulations Of “The Commercial Use Of Dwelling House”

As the present high-speed development of China's market economy which drives rapid urbanization,people's traditional housing typology is replaced by the condominium building.Meanwhile,an increasing number of emerging professions start to look for the way to reduce cost and to ramp up.Hence first-time entrepreneurs focus on the characteristic of low cost of commercial housing.As a result,the phenomenon of the commercial use of dwelling house becomes far more common.In the current situation,Chinese government established policies aimed at promoting self-employment,such as the preferential policy which expands market access,plenty of first-time entrepreneurs who can't afford exorbitant rents for office space attempt to change the dwelling house into purchasing place.The advantages are that low cost can reduce the investment risk.There are more and more phenomenons of the commercial use of dwelling house which exists in China consequently.Certainly,this phenomenon exists in foreign countries;representative advanced countries control it with conditional and limitative opening to operators.In China,the conflict of interest behind this phenomenon is obvious,on one hand,it can contribute to solve the employment problem,on the other hand,it undermines the legitimate rights and interests of other owners through kinds of risk which damage original peaceful dwelling environment and cause the conflict in many neighborhoods,including sound pollution,environmental pollution,fire and manage risk,etc.Given this,our country formulated the Real Right Law in 2007 to regulate this chaotic phenomena which forbid owners to change the dwelling house into purchasing place illegally,the legitimate requirement of this action is on condition that obey the law and request correlative persons' permission.Nevertheless,The Real Right law doesn't establish the pattern of concrete type of the commercial use of dwelling house and doesn't define correlative person clearly.To match the real right law enforcement,the Supreme People's Court promulgated relative judicial interpretation in 2009,but there exist many difficulties in the judicial practice areas.In the process of building a country ruled by law,this issue has caused concern and we should solve it appropriately because this issue has an important influence on the livelihood of the people.This issue also contains macroscopical and microcosmic legal problem.Perhaps this is what calls “before you save the rain forest from the parasites of your parents' generation,try delousing the closet in your own room”.Based on this,this thesis make effort to table relevant proposals in order to make contributions to socialist rule of law with Chinese characteristics.