Research On The Legal Restrictions On The Rights Of Lessor In The Housing Lease Relationship

With the development of urbanization in China,the urban population is rapidly concentrated,and the shortage of housing has become a problem that the national people's livelihood needs to solve.In the sale and purchase market continues to boom,high house prices,the government of affordable housing policy has not been fully play a role of context,housing lease for many low and middle income earners housing problem solution.Compared with the vigorous development of the housing business market,housing rental market has been slow to get attention,the interests of the lessee right is too large,the lessor can not get protection and further restrict the development of housing rental market.In many developed countries or regions,law actively controlled on the housing rental,especially to limit the rights of the lessor,to safeguard the legitimate interests of the lessee.If the construction of the legal system lags behind the development of the housing rental market,it may hinder the development of the market and may even cause irreparable damage.Therefore,about the shipowner's rights in our country housing rental laws to limit the research of this problem,to limit the rights of the lessor,to protect the rights and interests of the lessee,maintaining the order of the housing rental market and perfect our legal system of macroeconomic regulation and control system has positive significance.This article research mainly from the following several aspects: housing lease the lessor's rights in relation to the basic question analysis,limit the rights of the lessor realistic necessity and theoretical justification of the shipowner's right law system of extraterritorial experience and thinking,the situation of our country should be how to construct conforms to the legal system to limit the rights of the lessor.The body of the text is divided into four parts:The first part: the first introduces the contents and composition of housing rental,reveals the lessor dominant performance in the housing rental,and then analyzes the status quo of legal,social,economic and cultural reasons,and expounds the lessor dominance curing the basic problem.The second part: the analysis of limit the rights of the lessor real necessity and theoretical legitimacy,based on the reasonable distribution of rights and obligations of the lessor and the lessee,stable housing rental,protecting the interest of the tenant living considerations,limit the lessor's rights have realistic necessity.Of course,the lessor need justification right,therefore,the author from the social standard principle,balance coordination principle,the principle of appropriate intervention,efficiency and fair perspective for restricting the rights of the lessor theory.The third part: the comprehensive consideration of Britain,the United States,Germany,the pattern of housing lease the lessor's rights law in the legal limit,mainly introduced the rent,justification for rules,rules of pleasant to live and form a complete set of regulatory measures and the judicial relief way,the characteristics and shortcomings of these rules are analyzed,and the rules for China's reference.The fourth part: based on the present situation investigation,theoretical research and the experience outside of inspiration,proposed our country housing rental lessor rights legal restrictions in specific Suggestions,through detailed relevant laws and regulations,improve the housing rental management system,rich dispute solution measures such as the right to limit the shipowner,so that the relevant theoretical research have operability in reality.