Study On American Rent Control Legal System And Its Referce For China

House lease and rent control system includes limit the rent amount and restrict the right of the lessor to repossess leased house. Described in this article the residence is for the purpose of living, but not including the building on collective land and free circulation in the market of welfare, social security houses.In the residential rental relation in country, the lessee is often at a disadvantage in economic strength and market status, and the housing lease contract interest relative importance than lessor.Therefore, the lessor and the lessee in unequal status in essence, and in some extent, the lessee lacks of equal ability to negotiate with lessor. Residential rental is generally regarded as private affairs between the lessor and the lessee, and must carry out the equal protection and follow litigant’s meaning autonomously. The lessee is in an unfavorable position, and not acquired a tendentious protection by law. The protection in equal only formally, and will exacerbate the essential inequality between the lessor and the lessee. The lessee is difficult to achieve with a decent, stable residence.At present our country laws are even in a blank state in this regards is serious legislative shortcoming. From a theoretical point of view, the weak of the modern civil law idea and the obligation to protect the ownership society provides a theoretical basis for residential rent control. It is necessary for the legal control of the house rent and orientation protection to the interests of the lessee, in order to fully protect the interests of the lessee’s living, and correct residential leasing both sides essentially unequal status.USA has a relatively perfect house lease and rent control system, which plays an important role in protecting the rights to housing of the lessee.American residential rent control system has experienced the historical evolution of "the first generation" and "the second generation", which withstood the rent control in violation of constitutional provisions regarding due process and rent control constitutes a challenge and the constitutionality of the law is supported by The Supreme Court many times. The house lease and rent control system in USA at present is "the second generation", which is based on the distinction between residential leasing and commercial lease, and to control the residential lease rent by law. In rent amount limit level, house lease and rent control system generally including the basic rent,the maximum rent, and the rent adjustment. On the aspect of restriction and regulation of the lessor’s repossession, the provisions of house lease and rent control regulations provides that only under statutory circumstances can the lessor to renew possession the houses. In addition the house lease and rent control system fixes exemption of object which are not needed special protection by law.USA house lease and rent control system has an important effect on all the parties and society. For litigant level, the law will regulate the lessor’s ownership and freedom of contract, and cause unfair, and reduce the lessors of rental housing investment incentives; on the lessee’s level, house lease and rent control system can protect the lessee personal property, and maintain the tenant living stability, and increase the motivation of cherish housing. For societal level, influence in the housing rental market, increased cost of administrative and social benefit analysis these three aspects are analyzed.Although USA house lease and rent control system has been questioned, but it played a major role in protecting the right of the lessee’s living, which can provide a good experience of extraterritorial legislation for our relevant legislation. For our country, the legislation model of house lease and rent control system, we should fix the rent amount limit, exemption of object, restriction and regulations of repossession. For the rent amount limit level, we should include the maximum rent, and the rent adjustment. The basic rent should decide by market. On the aspect of restriction and regulation of the lessor’s repossession, we should provides that only under statutory circumstances can the lessor to renew possession the houses and clear the statutory circumstances.The statutory circumstances mainly from two angles:one is the provisions of the lessee’s illegal and major breach; two are leased to the interests of the lessor. In addition, we should fixes exemption of object which are not needed special protection by law. At last, we should improve the related facilities, including the filing system of housing registration, and establish the clear responsibility of apartment, and establish the rent increases for hearing and reconsideration system etc..