Research On The Legal Regulation Of The Operation Of Long-term Rented Apartments In China

Supported by the policy of "both leasing and purchasing" adopted at the 19 th National Congress of the Communist Party of China（CPC）,long-term rental apartments have developed rapidly.According to Statistics from Zhonglian,the number of apartments for prime minister rental in the 10 markets grew rapidly from 356,000 in2018 to 730,000 in 2020.However,the institutional norms related to the operation of long-lease apartments have failed to keep up with the rapid pace of practical development: the operating regulations of long-lease apartment enterprises are simple,and there are no systematic and specific financial regulation rules on the operation of long-lease apartments.The Housing Rental Regulations（Draft）,which was publicly solicited in September 2020,has not been implemented yet.As such,the long-term rented apartments in China show a savage growth trend,and the quality of long-term rented apartments is not up to the standard,false publicity,and malicious rent increases happen from time to time.At the same time,should be "borrowed" rent for consumer financial products,also for financial institutions to one-time corporate lending for one year or half year rent apartment and apartment enterprise monthly payments to the landlord,rent apartment companies will this long close to pay short form a pool of money to market expansion,and increasing financial leverage,to rent the apartment rent credit alienation enterprise financing tools,There are serious financial risks lurking.Since 2020,due to the impact of COVID-19,a large number of apartments have been vacant,and the operation problems of long-term rental apartments have been concentrated.In 2020 alone,as many as 84 parents’ apartment rental enterprises fled due to the capital chain rupture,leaving a large number of renters who have paid the rent were evicted from their homes and made homeless by the "one landlord",causing serious problems of social stability.In this background,this article is aimed to rent the apartment operation regulation problem launches the research in our country,in the comprehensive combing the current our country long rent apartment,on the basis of operational problems,other country mature legislative experiences,long rent apartments operating regulation of perfect Suggestions,including the "housing rental ordinance（draft）" the perfection of the relevant provisions,Adapt to and boost the longterm rental apartment model in China’s vigorous and orderly development.In addition to the introduction and conclusion,this paper is divided into four parts,the introduction is the first chapter,the other two,three,four,five chapters are briefly described as follows:The second chapter is a theoretical overview of the operation mode of long-lease apartment.First of all,this chapter defines the connotation of the operation mode of long-term rental apartment,which refers to the housing rental form in which the apartment enterprises lease the houses on a large scale or hold the property by themselves through unified decoration and renovation.Secondly,it classifies the operation mode of long-term rented apartments according to the standard of whether the property is owned by itself.Finally,after the introduction of "rent loan" in longlease apartments,the legal relations among the four main bodies are sorted out.In this paper,the leasing relationship is established between lessors and long-lease apartment enterprises,between long-lease apartment enterprises and lessee,and between lessee and financial institutions.The third chapter analyzes the problems and causes in the operation of long-term rented apartments in China.First of all,this part makes a comprehensive analysis of the problems in the operation of long-term rented apartments in China,including: first,the barbaric development of long-term rented apartments;second,the accumulation and alienation of "rent loan";third,the rights and interests of tenants are not guaranteed;Further,this chapter analyzes the causes of this operation dilemma.The legislative level is low,the standard scale is different,the operation regulation of long-term rental apartment enterprises is simple,the relevant financial supervision rules are not complete,and the supervision bodies have overlapping powers and responsibilities and are acting independently.In essence,the reason is the absence and imperfection of relevant norms of long-term rental apartments.In addition,under the current regulatory rules,the absence of relevant regulatory subjects is also an important factor promoting the current operation difficulties of long-term rental apartments.The fourth chapter,the long-term rental apartment operating regulations overseas investigation.This chapter investigates the institutional environment of long-term rental apartment operation in the United States,The United Kingdom,Germany and Japan,and makes a series of explorations on the operation regulations of long-term rental apartment,each with its own strengths.Among them,at least its practice of perfecting laws and regulations,strengthening self-regulation,tenant protection and financial supervision can be taken as reference for the construction of relevant system norms of long-term rental apartment operation in China.Chapter five,suggestions on improving the operation regulations of long-term rented apartments in China.This chapter to perfect our country long rent apartments operating regulation of exploration from two aspects,first,to make the perfect our country long rent apartments operating regulation of macro thinking,points out that to rent the apartment in operation related system specification design should be adhering to the "encouragement" and "against" equal,"unity" and "classification","Ming" and "coordination" the idea;Second,it puts forward specific suggestions on institutional construction,involving three aspects: operation regulation of long-term rental apartment enterprises,financial supervision related to long-term rental apartment,and protection of tenant’s rights and interests in long-term rental apartment,in the hope of making a contribution to the healthy operation of long-term rental apartment as an emerging business in China.