Analysis On The Legal Nature Of Public Rental Housing Lease Contract

As a new type of affordable housing among China’s housing security system,public rental housing start getting people’s attention, it is of great importance for solving the housing problems of low-income families.Operation of public rental housing system is inseparable from the lease contract.However, to date, the nature of the public rental housing lease contract is inconclusive, it not only affects the formation and performance of public rental housing lease contract, but also affects the dispute resolution of public rental housing lease contract. Therefore, the study of legal nature on public rental housing lease contract has important theoretical and practical significance.The first part of the study is to explore the nature of public rental housing lease contract of significance.Public rental housing is our focus on building affordable housing.Public rental housing lease contract is a key part of our system of public rental housing operation.Contractual nature of public rental housing lease contract is an important issue.The second part is to explore the debate about the nature of public rental housing lease contract.With respect to the legal nature of public rental housing lease contract, there is a different understanding and application in judicial practice, some are processed in accordance with the civil contract dispute, some are processed in accordance with the administrative contract disputes.There is also disagreement on doctrinal understanding, there are mainly three representative views on the nature of a civil contract theory, the nature of administrative contract theory and mixing properties.The third part is a demonstration of public rental housing lease contract is an administrative contract in nature.Determining if an administrative contract, you need to consider four factors, that is the legal basis of the contract, the purpose of the contract, the subject of the contract and the contents of the contract.On the legal basis of the contract, the public rental housing lease contract is based primarily on administrative laws and regulations, and the legislative basis rank is low.For the purposes of the contract term, the purpose of the existence of public rental housing lease contract mainly in order to carry out the functions of the government’s public service, showing a great degree of non-profit.On the subject of the contract, the public rental housing lease contract lessor either government agencies or government commissioned state-owned enterprises, tenants often have more stringent eligibility restrictions.On the contents of the contract, not only the existence of a large number of standard terms, but also in the performance of the contract, the lessor always enjoyed supervision, directing, sanctions right, and the right to unilaterally terminate the administrative superior benefits for the purpose of the public interest.The fourth part of the article is to explore the application of law and resolve the paths of public rental housing lease contract disputes based on the nature of administrative contract. Social relations of public rental housing lease contract is quite complex, so the law on public rental housing lease contract disputes resolution is quite complex. Given the nature of public rental housing lease contract is an administrative contract, we should distinguish between whether there is the Administrative Priority to Benefit, and classify public rental housing lease contract dispute, on this basis to select a different path of dispute resolution.If the dispute is not a result of the use of Administrative Priority to Benefit, then the dispute is purely civil in nature, entirely through negotiation, mediation, arbitration and civil litigation, and many other civil ways to solve them.If the dispute is a result of the use of Administrative Priority to Benefit, then in essence, is the administrative disputes, need to be addressed through administrative reconsideration, administrative litigation and administrative letters, and many other the administrative tort relief mechanism.