Research On Local Legislation On The Same Right Of Lease And Sale

The right to rent and sell is an important direction for the current reform of the housing system in China.However,our country lacks the specific specification of this policy in legislation,and there are also many controversies in the theoretical community about the nature of the right to rent and sale.The accurate positioning of the legal attributes of the right to lease and its rights and its policy significance is a prerequisite for a correct understanding of the system structure of rent and sales rights and rights and better protection of the legitimate rights and interests of both parties.Clearing the relationship between the policy significance and the legal basis of the right to lease is not only theoretically significant,but it can also contribute to the implementation of local legislation on renting and selling rights.Faced with the plight of the huge floating population in China,this paper is based on the implementation of the local legislation of "renting and selling the same rights" as the starting point of the topic,and attempts to use comparative analysis to compare and analyze the typical residential houses in China and abroad.The legal provisions and theoretical results concerning the terms of the lease and sale of leases and leases,combined with China's specific national conditions,analyze and demonstrate that foreign countries are conducive to the implementation of the relevant legislative experience of the local government in relation to the lease and sale rights system,and discuss the implementation of the local implementation of the lease.The same rights legislation is perfect.The research background and problems of the rent and sale of the same rights mainly refer to the realistic background and significance of the introduction of the rights and sales rights and rights policy.This article first considers the three main reasons for the introduction of the right-to-sale concession policy,and then considers that the different rights in the lease and sale are still not implemented in the legislation.Legislation is needed to provide the necessary protection.Study the legal basis for the right to rent and sale and raise the issue of local legislation research.Since the ownership of a house and the right to rent a house are different in nature,the division is naturally different.This article first analyzes the nature of the two "rights" of the lease and sale,and then divides it into the policy significance and legal basis of the lease and sales rights.It specifically discusses the property rights of lease rights,the socialization of lease rights,the equalization of basic public services,and the essential attributes of citizens' residential rights protection.The comparative study of the terms of the lease and sale rights in the national residential leasing legislation in the world is based on the selection of several typical countries.The civil law system and the Anglo-American law system are taken as examples to compare and analyze the legislative policies generated under the two different institutional environments and define the lease and sale.The same rights clause,combined with the comparison and analysis of relevant lease and sale rights clauses in residential leasing legislation in various countries,sums up experience,accurately grasp the nature and function of residential leasing legislation,provide the reference to rental right legislation in China,forming a theoretical framework for reference.Our country carries out the rental with the present situation of the policy is through the analysis of the local legislation in this field,summarizes the local governments in what aspects to achieve the right,still need to solve the problem,analysis summary experience,to better promote the right changes.Finally,it is to improve the implementation of the "Leasing and selling the same rights"policy of local legislation.This section first summed up the defects in our country's legislation on the right to lease and sale,and reaffirmed that the development of the right-to-sale rights and rights policy is necessary.At the same time,it pointed out that we must not exceed the reasonable limit on the basis of guaranteeing the implementation of the same rights legislation on rental and sales.The rational limits of the rights of the lease holders and the concept of tenure rights advocate the establishment of a moral risk prevention mechanism to provide intellectual support and suggestions for the development of legislation for the implementation of and improvement of the rental and sales rights and powers policy in various local governments.