The Legal Difficulties And Breakthroughs Of “Residential Building Mixed With Commercial Uses”

Housing commercialization,also frequently regarded as “residential building mixed with commercial uses” by the social public and related policy document,refers to the behavior that the owner changes the dwelling to use the room for the management.The development of “residential building mixed with commercial uses ”has a close relationship with the development of urban economy.With the continuous evolution of the urbanization process,the urban population is increasing and the settlement is becoming more and more intensive,and the residential form of most urban residents has changed greatly.In the past,the urban population was smaller and the housing model was distributed.Now that the system has not been able to load the population at a rapid rate of growth,resulting in the commercialization of housing,then the demand for more and more subsidiary products is generated.This has provided business opportunities for many small and micro enterprises,and the result is that many small and micro enterprises,in order to continue to operate,operate in residential communities.It is undeniable that there are many advantages of “residential building mixed with commercial uses”,but they also have some adverse effects on residential communities.For example,on the one hand,it is conducive to the owners of their own businesses,to solve the employment problem.On the other hand,it often brings about a series of problems that seriously affect the legitimate rights and interests of other owners,including noise pollution,environmental pollution,fire risk,and public security risks.The reason why the “residential building mixed with commercial uses” causes legal disputes is the conflict between economic interests and residential interests.How to coordinate the development of small and micro enterprises and residents' needs for high-quality living and living environment is both a practical issue and a theoretical issue.Balancing these two interests is the starting point for solving the problem.The owner uses the residence to engage in the activity of the business activity,Although the property law and the judicial interpretation of ownership of buildings provisions for change problems,but still can't completely solve instead of many contradictions.In this paper,from the perfect restrictions on business scope change something,to improve the safety standard,to begin from “Property Law”,“Administrative Law”,for the problem of it.Instead some discussions,and tries to put forward some suggestion for the improvement of the innovative.With regard to the evolution of the behavior of “residential building mixed with commercial uses”,from the perspective of comparative law,it has undergone changes from absolute prohibition to relative prohibition.With the development of society,many business activities have little impact on the surrounding environment,especially the development of computers and the Internet,and even a large number of commercial activities can be carried out without leaving home,so home offices are becoming more and more common.If we insist on the absolute prohibition on “residential building mixed with commercial uses” in this situation,there would be no practical significance.The dissertation holds that in our country,the principle of relative prohibition should be used to limit the behavior of “residential building mixed with commercial uses”.The paper studies the legal issues of “residential building mixed with commercial uses” with the aim of perfecting the legal system of “residential building mixed with commercial uses”.First of all,starting with the relevant concepts of “residential building mixed with commercial uses”,we must clarify the connotation of “residential building mixed with commercial uses” and analyze the basis of the “residential building mixed with commercial uses” restriction theory.Second,on the basis of theoretical research,we will study the current rules and practice of “residential building mixed with commercial uses”,and specifically include sorting out the existing laws and regulations concerning “residential building mixed with commercial uses”,and summarizing the practical status of “residential building mixed with commercial uses” with case studies.In order to discover the main legal predicament in the “residential building mixed with commercial uses”.Finally,a comparative study of “residential building mixed with commercial uses” was conducted to study the stipulations of the United States,Germany,France,and Japan on the “residential building mixed with commercial uses” related issues,and to summarize the implications for China's “residential building mixed with commercial uses”.Proposing to improve the legal system of “residential building mixed with commercial uses”.The details are as follows: clarify the entry conditions of “residential building mixed with commercial uses”;determine the scope of the stakeholder;“one-vote veto system” combined with the majority decision;improve the administrative supervision system of “residential building mixed with commercial uses”;establish and improve the diversification of “residential building mixed with commercial uses” Dispute resolution mechanism.Under the premise of respecting the principle of restricting business scope,the relevant laws and regulations should be perfected,and it is forbidden to engage in business activities that seriously affect the living environment of the residential quarters,cause serious pollution or are highly dangerous in residential communities.The living quality of residents in the community has been improved,and the living environment has been relatively safe.This has promoted social harmony and stable economic development.