Reflections Of Constitutional Jurisprudence On Group-oriented Leasing

The problem of group-oriented leasing is originally a new issue in field of public management so jurisprudence only involves civil and administrative aspects about this problem without arousing constitutional jurisprudence’s attention. The government, as an administrative subject, always adopts brute forces to violate fundamental rights of group-renting dwellers when it reorganizes and deals with the problem of group-oriented leasing, such as right of privacy constitution protects and right of habitation academics discusses. Facing strong national public power, disadvantaged group-renting dwellers are very helpless. Therefore, from the perspective of constitutional jurisprudence, it is very necessary for reasonably treating the phenomenon of group-oriented leasing to make the regulation about overuse and misuse of government public power.At present, legislation of group-oriented leasing in China is absent and there are only many government documents drafted to solve this problem. Therefore, in view of constitutional jurisprudence, the author intends to make an analysis on the aspects that national public power unreasonably intervenes the private sector, violates rights and obligations of all parties of group-oriented leasing and destroys the principle of autonomy of private law. This is also in line with the requirement for building a socialist country ruled by law and provides a strong theoretical support for the construction of socialist harmonious society. In addition, study of advanced experience in managing group-oriented leasing at home and abroad arouses people’s reflection on governing group-oriented leasing, which is very favorable to improve legal systems and strengthen the functions of government management.