住房租赁市场监管法律问题研究
[Abstract]:In recent years, China's real estate market has developed rapidly, housing prices have also been high, the government has been trying various measures to regulate and control the real estate market, but these measures have not fundamentally solved the problem. The people's livelihood goal of "living and living" has not been carried out very well. Through the various legal norms and documents promulgated by the government, we can see that our country focuses on the development of the housing sale and purchase market, but the housing rental market is rarely involved. The housing ownership rate in China is as high as 80%, which is much higher than that in the developed countries in Europe and the United States. The housing market with highly unbalanced housing structure is not healthy and unstable. Moreover, if we want to protect the housing demand of the middle and low income groups, it is obviously unrealistic to develop the housing market only, so it is necessary for us to develop the housing rental market of our country. While the housing rental market in our country is not developed, the legislation and measures to regulate the existing housing rental market are also very imperfect, and there are many problems. Based on this, this paper analyzes the legal issues of housing rental market supervision in China from the following four aspects. The first part defines the research object of this paper, namely the legal system of housing rental market supervision. Then it analyzes the basis of the existence of the legal system of supervision and expounds the indispensable position of housing rental market supervision in the whole housing rental market under the background of market economy. This part of the foundation of the existence of the regulatory legal system from the rights foundation, the social foundation, the market foundation and the economic law foundation four angles, respectively, to clarify our country citizen housing right realization, the housing security system supply, The development of housing rental market economy and the realization of social essence equity all need perfect legal system of housing lease market supervision. The second part is mainly through the analysis of the operation of the extraterritorial housing rental market and the current legal supervision system, indicating that on the basis of combining the basic national conditions of our country, we should draw lessons from the extraterritorial effective supervision system. The third part makes a comprehensive analysis of the current legislative and practical situation of the housing rental market in our country, summarizes the problems existing in these two aspects on the basis of combing, and makes an evaluation of the existing problems. Mainly through the analysis of the current national laws on housing leasing and the regional laws and regulations of Shanghai, Guangzhou, Wuhan and other cities, which are relatively developed in the housing rental market, this paper summarizes the existing problems in legislation and practice. Further put forward the view that we should strengthen the supervision of housing rental market, and deepen the main purpose of this paper. The fourth part on the basis of the analysis of the previous parts of the choice of regulatory agencies and regulatory system proposed to improve the legal system of housing rental market supervision in China. Since the reform of housing system, China has paid too much attention to the housing purchase and sale market and ignored the development of the housing rental market, which led to many problems in the market. The government should change the angle of view, gradually change from "heavy sale and light rent" to "rent-sale combination", fulfill its own supervision duty, and promote the development of housing rental market.
【学位授予单位】:华中师范大学
【学位级别】:硕士
【学位授予年份】:2013
【分类号】:D922.29
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