| The signing of the rental and purchase agreement for indemnificatory housing is an important link in the realization of housing allocation,rental and sales,and it is also a key link in the realization of people’s "to live at home".However,the legal nature of the relevant agreement has been controversial since its birth,and in judicial practice,it has been identified as both a civil contract and an administrative agreement.The difference in the identification of the nature greatly affects the parties’ remedies and the court’s trial methods.Although the relevant judicial interpretations have made judgments on the lease and purchase of indemnificatory housing as administrative agreements,there are still many chaos in judicial practice.The question of its nature remains to be studied and demonstrated.From the structure and content of the article.This paper includes an introduction and four chapters.The introduction part mainly introduces the background,research status and research methods of this paper.The research status is divided into two aspects: foreign researches and domestic research.The foreign research part mainly introduces the identification of indemnificatory housing lease agreements in Germany and Japan,as well as the similarities and differences with our country’s related systems and the reasons.The domestic research part systematically sorts out the rental and purchase of indemnificatory housing.The development process of the agreement as an administrative agreement is gradually recognized by the academic community.The first chapter of the thesis is an overview of the rent-purchase agreement for indemnificatory housing.This chapter mainly discusses the basic issues of the rent-purchase agreement for indemnificatory housing,including an overview of our country’s housing security system and an overview of the agreement.The second chapter of the thesis focuses on sorting out the differences in the nature of the agreement,which mainly includes two aspects.Firstly,the theoretical differences,systematically discuss,analyze and compare the different theories generated by the academic circles around the indemnificatory housing rental and purchase agreement.The second is practical differences.This paper conducts empirical research on judicial practice,selects relevant cases on the Judgment Document Network as research materials,sorts out the affirmative and negative identification standards in judicial trials,and analyzes their causes and advantages and disadvantages.The third chapter of the thesis conducts a comparative study on the legitimacy of the application of administrative agreements and the dilemma of the application of civil contracts.Summarize the application space of administrative agreement: including the three advantages of meeting the purpose of housing security,breaking through the relativity of contracts,and handling legal relations better.On the basis of summarizing the differences in the nature of the indemnificatory housing rental and purchase agreement and the legitimacy of the administrative agreement.The fourth chapter of the thesis focuses on the proof that the affordable housing rental and purchase agreement is an administrative agreement.This chapter demonstrates the nature of the relevant agreements from the perspectives of legislation,theory and practice.From the perspective of legislation,it specifically discusses that the determination of the nature of the agreement in the relevant judicial interpretations is in line with the current situation of the housing security system,and is reasonable;from the theoretical point of view,this article summarizes the nature of the agreement from the four standards of the subject,purpose,content and meaning of the agreement.At the practical level,this paper mainly analyzes and proposes some problems arising from the determination of administrative agreement in judicial practice.To make the determination of the administrative agreement more in line with the purpose of housing security and the needs of judicial trials. |
