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On The Interests Protection Of The Charterer In The Collection Of The Operating Private Rental Housing In The City

Posted on:2021-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:B JingFull Text:PDF
GTID:2506306095462864Subject:legal
Abstract/Summary:PDF Full Text Request
For the needs of urban construction and development or the public interest,the collection of private housing has become an unavoidable problem,especially with the development of the market economy,the urban operating private housing rental market has gradually grown.However,the owner of an urban operating house is often not the actual operator.In the case that the government lease causes the house lease contract to be unfulfilled and the parties to the contract have not agreed or the agreement is not clear,the tenant of the urban operating house actively cooperates with After the relocation,only a small amount of compensation can be obtained,and it is often impossible to make up for the losses suffered.Therefore,correctly understanding the legal status and rights of tenants in the collection of urban operating houses,and properly handling the relationship and distribution of benefits between the tenants and other subjects related to the collection will help ensure the smooth progress of government collection.Structurally,this article is divided into four parts,through a step-by-step discussion,to clarify the legal relationship and legal logic in the collection of urban operating houses.The first part mainly compares the basic law of our country with the basic law on the collection of urban operating rental housing and the collection of local government collection and compensation regulations and local government regulations.At present,there are few regulations on urban operating rental housing collection,and the lack of regulations on the protection of the interests of tenants,that is,actual operators.The second part,generality and difference of the judicial decision in order to find out the influence of the support rate and the regional difference on the support rate of the urban operating rental housing lessee.In short,the western district court’s support rate for the urban operating rental housing lessee is high,the central district’s support rate is flat,and the eastern district’s law support rate is low.The third part lists the main problems existing in the protection of the lessee’s interests in the collection of urban operating rental housing one by one and summarizes them,such as the lack of legal status of the lessee,the low participation degree,the lack of legislation on urban housing expropriation leading to the judicial application is not uniform,and the provisions of the lessee’s remedies are brief,so as to show the real difficulties faced by the lessee in the collection of urban operating rental housing.The fourth part simply discusses the legal basis of lessee’s interest protection in urban operating rental housing collection,explains the legitimacy of lessee’s interest protection,and puts forward a general legal framework for urban operating rental housing collection,so as to perfect the legislation of urban housing collection and compensation,clarify the legal status of lessee in urban operating rental housing collection,protect the lessee’s rights in urban operating rental housing collection,widen the relief way of lessee,and make suggestions to deal with urban operating rentalhousing collection cases.
Keywords/Search Tags:Government demolition, expropriated person, urban commercial housing, lessee, interest protection
PDF Full Text Request
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