On The Legal Protection Of The Passive Debt Of Housing Tenants

China's "Contract Law" over the provisions of the housing lease contract is too general,the actual life of the parties to the lease contract due to the disparity in economic strength caused by the unequal market position,the lessor led the direction of the housing lease contract,the tenant's stable living and living conditions It is difficult to guarantee.In view of the above problems,this paper proposes to solve the passive cancellation problem encountered by the lessee by restricting the lessor's contract cancellation right.First,in the term lease contract,the substantive requirement of the lessor to exercise the statutory right of rescision is that the trust relationship between the parties is destroyed and the form must be in accordance with the statutory lifting.Therefore,based on the principle of tenant protection,this paper limits and perfects the legal termination requirements of China's Contract Law on the basis of the justification system outside the domain.Secondly,in the non-scheduled lease contract,this article uses damages as the precondition for the exercise of the right to arbitrarily.In addition,in the exercise rules of the contract cancellation right,the cancellation of the housing lease contract must be made in writing,and the lessor is required to issue a notice of termination to the other party at least one month in advance,but the lessee has the right to terminate the contract at any time.In order to ensure the stability and continuity of the housing lease relationship,this paper believes that the right of dissent of the non-resolving party should be recognized as forming a right of defense,and whether the contract should be dismissed should be understood in substance.In view of the chaos of arbitrarily revoking the right in practice,it should be clarified that the nature of the arbitrary right of rescission is the statutory right of rescission,and such an agreement in the contract is invalid.Finally,it is emphasized again that if the right of agreement between the parties violates the principle of good faith and the principle of fairness,it will be null and void.At the same time,the judge is required to measure the interests of the parties when the judgment is terminated.In addition to the introduction and conclusion,this article is divided into five parts: The first part,the status of tenant rights protection in housing leases.The first part is the brief introduction of China's housing leasing market and the status quo of housing tenant rights protection.First,China's housing leasing market has the problem of inequality in the economic status of the lessee and the lessor,and the continuous increase in rents.Second,the legal issues concerning the current right to terminate the housing lease contract in China,including the statutory grounds for the lessor to exercise the statutory right of rescission in fixed-term contracts and nonscheduled contracts,are not perfect,lacking justifiable reasons,and there is unfairness in the specific contractual right to terminate the contract.phenomenon.On the other hand,there is a problem of ambiguous legislation in the exercise of the right to release and the time limit for exercise.The second part is the theoretical basis for special protection for housing tenants.The housing lease contract carries a pair of contradictory and long-term interests.To solve the problem of the protection of the lessee's rights and interests,we must first demonstrate the legitimacy of the lessee's survival benefit over the lessor's capital interest.At the same time,a stable housing lease relationship is a requirement of the value of the legal order,and fair value is the primary goal of the housing lease legal system.Finally,through the horizontal comparison of the relevant systems of countries outside the region,a common law is found,that is,countries have established the principle of tenant protection as the legislative purpose.The third part restricts the legal right of the lessor as one of the specific ways to passively cancel the protection of the tenant.When the lessor exercises the statutory right of rescission,it cannot be judged only on the surface of the statutory situation.It should be based on the destruction of the trust relationship between the parties,and the contractual relationship should be maximized.At the same time,we draw on the justification system outside the domain to impose restrictions on the cancellation of the lessor in China,and try to propose a “legitimate reason rule” suitable for China to prevent the lessor from abusing the right to release.The fourth part restricts the arbitrarily rescission of the lessor as the second way to passively cancel the protection of the lessee in the housing lease relationship.China's "Contract Law" does not stipulate that in the non-scheduled lease contract,the parties exercise arbitrary arbitrage rights,and the relative person has the right to damage compensation,resulting in too many abuses of the right of the lessor in practice.It is proposed to assume the preconditions for the arbitrary right of rescission by taking responsibility for damages,and to use the justification rule as the comprehensive evaluation criterion.In addition,in the exercise rules of the right to resell the housing lease contract,it is recommended to refer to the provisions of the German Civil Code,and the method of written notice is applied,which is essentially based on the “receipt” of the right of rescission.At the same time,it is clear that the legal nature of the lessee's right of dissent is to form the right of opposition.The significance is only the defense of the lessee's exercise of the statutory right of rescission,not the establishment of the right to dismiss.In practice,it is mostly because the parties to the contract arbitrarily agree on the application of the arbitrary right of rescision,which directly leads to the instability of the housing lease relationship.The right to arbitrarily dismiss the right belongs to a special statutory right of rescission,and the act of arbitrarily revoking the right of the parties in the contract shall be explicitly excluded.The fifth part clarifies the bottom line of the right to cancel as the third way to passively cancel the protection of the lessee in the housing lease relationship.That is to say,it is expressly agreed that the right to release should also abide by the principle of good faith,guide the exercise of rights from the front,prohibit the lessor from abusing rights,and use the dominant position to establish unfair terms.In specific cases,the judge is given discretion,and the benefit is measured as the substantive judgment method of the right to terminate the contract in the housing lease contract.