The Functional Approach To The System Of Registration And Filing On The Management Of House For Rent

In a long period,China practices the system of registration and filing on the supervision and management of leasing market.After The Administration Measures for Commodity houses Lease law is promulgated in 2010 by Ministry of Housing and Urban-Rural Development,each region under laws and regulations' frame,implanted a number of laws and regulations,and required lessors and lessees shall be timely registered and put on records at relevant real estate registration authority after signing the House rental contracts.The feedback from the operation effect,the system of registering and filling of house for rent failed to reach its intended goals since its founding.This is common case that the registration and filing lower rates across the country.Even to this day,it were unsupported and unsatisfactory,the system in practice is often reduced to a decoration,so to speak.Studying its reason,the mainly one is unclear objectives and location unknown under our existing law and regulation.The complicated procedure of registering and filling imposed heavy burden on the parties,otherwise,the function of administration and protection of the lessees and the third party from infringement not been fully played,revealing the institution failure.Nowadays,the implementation of the system is high consumption and low return.The staff of administrative authorities input lots of manpower,material and financial resources,insteaded of the unwanted messages,inefficient law enforcement,management loopholes.So,the voices of abolishing the system of registering and filling of house for rent run high constantly.On the basis of current research results and the field investigation,the author think that we should give full attention to the system itself must have basic function value when exploring the existence or abolishment of the system of Registration and Filing on The Management of House for Rent.So what is the core of the analysis is whether the function exertion of the system works well.On the one hand,we couldn't denysweepingly the system unique worth of existences,on he other hand,it is hard to sustain to revise the relevant law softly.There's also unwise choice that bring the function and value into the protection tenant rights.The thesis concludes that the determining factor causing the system's function failures is the dislocation of the serious institutional set-up and the actual running.It noted further that the system of Registration and Filing on The Management of House for Rent has its unique value implication and significance.It is urgent to reflect on the orientation of the system's function.More specifically,we should abandoned formerly revised methods that giving the enforcement and validity of lease contract or determining the lease right by registering,but should define legislatively the system's function as administrative management and supervision.And from here,the functional reconstruction of the system of Registration and Filing on The Management of House for Rent must includes the obligation's alleviation or elimination,the promotion of government functions,the definition of the power and function of the government.What's more,the connection of the system and other system is crucial subjects that we cannot neglect,such the management of floating population and public security management.Meanwhile we are sure to gather fully strength from grassroots organizations,industry organization,and all the overall market.With the formation of Public-private partnership,the rental market benign and beneficial operation will be realized and the national management function will be performed.