How To Govern Group-Oriented Leasing

In recent years,with the price of house increasingly biding up , the phenomenon of Group-oriented Leasing becomes a noticeable problem, especially in metropolis, such as Beijing, shanghai, Guangzhou, and Shenzhen. It is reasonable that many normal residents dissatisfied with"Group-oriented Leasing"because this universal phenomenon has a passive influence on their regular living. There are many hidden danger in"Group-oriented Leasing", for example, the bunk bed, the circuit lines in disorder and bareness, and the lack of fire control mechanism. Apart from that, there are also problems of hygiene, public security and the bother to residents as result of the large number of lessee. It is this passive impact that urge shanghai government to manage and to regulate it. The phenomenon of Group-oriented Leasing is switching from social problem to legal problem.However, considering the legal angle, there are many obstacles in process of enforcing the law because of the lack of legislation, the lower efficacy order of existing law, and the unsolved legal problems underlying the phenomenon of Group-oriented Leasing. Many legal scholars pay attention to this problem from various perspectives. But these researches are confined in the department law domain, such as the civil law, administration law, and environment law, not lying in the legal theory level. This limitation make these researches fail to discover the essence of Group-oriented Leasing, thereby making many conflict in the process of enforcement of law. The relation of rent belongs to the category of the relation of law of civil case and law problems can be regulated in the field of private law. Group-oriented Leasing is interfered by the government because it is not rational, and because it related to the public interest and order.On the basis of exiting literature, this thesis resolves from the subsistence right and the relating civil rights of the private framework to research the legal sense of Group-oriented Leasing. By defining the private right nature of renters, and guiding by the"right order theory"of"conflict of rights", this thesis analysis the subsistence right and the Right to Rest and Leisure. Add to this the context also analysis the conflict of public authority and private authority, the legitimacy and the necessity of government intervention.