Research On The Perfection Of Housing Rental Legislation

Housing rental market is an important part of the real estate market,to a certain extent to meet a lot of rental needs.China's urbanization process is in an accelerated period,the housing rental market has also been continuous development,and China's housing rental market in the field of operating norms due to the level of social and economic development constraints and legislative procedures,has not yet formulated a unified legal system,the current housing leasing normative documents have lag,lack of coordination,etc.Cannot meet the development needs of China's housing rental market,in the legal system positioning,market regulation management,contract and rent management and other aspects of a number of shortcomings,the orderly regulation of the housing rental market has brought difficulties.Therefore,the establishment of a sound housing leasing legal system is the proper meaning of the construction of the rule of law in China today.This paper will take the theory of legal system generation,the theory of government intervention and the theory of public interest as the theoretical basis for perfecting the legislation of housing leasing in China,and on the basis of drawing lessons from the mature experience of Germany,the United States and Japan,try to put forward our own suggestions for perfecting the legislation of housing leasing in China.This thesis is composed of the following five chapters.Chapter One.This chapter introduces the background and significance of this topic.Under the background of the current government's proposal to accelerate the development of housing leasing market and to open a new era of housing leasing,the existing normative documents of housing leasing in China cannot meet the development needs of China's housing leasing market,effectively resolve social contradictions,and urgently need to upgrade the legislative level,establish and improve relevant laws and regulations,In order to rationalize the lease market order,to solve the problem of leasing market to provide legal support.At the same time,by focusing on the research results of the legal regulation of the housing leasing market,we find the breakthrough point for the further development of this paper,and then make clear the research idea,main content and research method.Chapter Two.This chapter analyzes the relevant theories of housing leasing legislation.This chapter probes into the research object,expounds the concept of the legal system of housing leasing and housing leasing,analyzes that the legal system of housing leasing should follow the social standard,and mainly analyzes the necessity of perfecting the legal system of housing leasing from the perspective of the theory of legal system generation,and points out that the established law can provide clear legal guidance for standardizing the order of housing leasing market,and analyzes the need of moderate government intervention to standardize the management of leasing market from the angle of government intervention theory and public interest theory.Safeguarding the rights and interests of the tenant's vulnerable groups.Chapter Three.This paper analyzes the main problems existing in China's housing leasing market,puts forward the necessity of regulation,and expounds the main problems existing in the legal regulation of housing leasing market in China at present,by combing the related course of housing leasing in the process of housing system,from thecurrent situation of legislation,order and protection of lessee's rights and interests.From the present situation of legislation,there are some problems in our country,such as the relatively lag of legislation and the lower level of law,such as imperfect market access system,imperfect management of registration information and so on,from the protection of lessee's rights and interests,there are problems of insufficient protection intenancy and rent management.Chapter Four.By analyzing the general situation of housing leasing legal system in Germany,America and Japan,this paper expounds the status and operating mechanism of the legal system,summarizes their experience,mainly is to protect citizens ' residencerights and interests,to form a standard and orderly market order and to guarantee the tenants ' right to rent.Chapter Five.On the basis of the previous chapters,combined with the actual situation of our country and the mature experience of developed countries,this paper puts forward some suggestions on how to quicken the pace of housing leasing legislation,strengthen the standard of leasing market order and attach importance to protecting lessee's rights and interests.