Dispute Resolution Of Public Rental Housing Contract

Public rental housing is a constructive exploration to complete housing security systemin China. Under the guidance of Guidelines for strengthening the development of public rentalhousing which was enacted by ministry housing and urban-rural Development of the people’srepublic of China and other seven ministries, public rental housing are widely and rapidlycarried out. However, for lack of unified guidance by the government in detail and the localfeature of public rental housing, there is considerable diversity among different places inChina, especially in the area of public rental house contracts. This thesis selected Chongqingwhich is representative in public rental housing as object. However, due to the imperfection ofthe legal theory, the legal status of public rental house contract in Chongqing is unclear whichleading to unclarity of the nature of the arising disputes of public rental house contracts. Thisfurther makes the dispute over the contracts unable to be solved effectively. Therefore, toclarify the legal relationship among legal subjects of Chongqing public rental housing andto ensure the legal nature of public rental house contracts, as well as classify the types ofdisputes over public rental house contracts is necessary to solve them properly.The study finds that the subjects of public rental house contracts are not only the twoparties, but the appointed lessor, lessee and the Administration of Public Rental Housing ofChongqing. The Chongqing government plays a very important role in the construction andoperation of the public rental housing. And public authority exists throughout the wholesystem from construction plan to the public rental house contracts which establish the rightsand duties of each party. As a result, this thesis presents a key point, that is the legal nature ofpublic rental house contract of Chongqing is an administrative behavior of negotiation, whichreplaces the original idea of administrative contract. And on the basis of the key point, thispaper further explores the way to solve the disputes.This thesis consists of four parts besides introduction and conclusion.The first part mainly analyzes the legal relationship of public rental house contract of Chongqing, and clarify the rights and duties of three subjects. It demonstrates that therelationship between the lessor (the state owned business appointed by Chongqinggovernment)and the lessee is a contractual relationship in formal, the relationship between theAdministration of Public Rental Housing of Chongqing and the lessor is a relationship ofcommission, and the Administration of Public Rental Housing of Chongqing fulfills thecontract and manages the lessee. This paper holds that the lessor should be pierced the veil sothat the Administration of Public Rental Housing could be enacted as the counterpart of thelessee, which could be helpful to correct the both subjects of public rental housing contract inthe future.The second part emphasizes on the legal nature of the public rental house contract andfurther categorizes the disputes in respect of the public rental house contract. This paperwould illustrates the definition of the legal nature of the contract on account of the legalnature being the decisive factor which directly effects the attribute and resolution of thedisputes.. This thesis considerates that the public rental house contract is administrativebehavior of negotiation and the disputes in respect of the public rental house contract areclassified as administrative disputes. Furthermore, the disputes is categorized into five typesas follow: the qualification of the lessee, the delinquency of the rent, the problems of thehousing quality, the housing repossession and the housing quiting. The resolution of thedisputes based on the classification of the disputes.The third part discusses the alternative dispute resolution（hereinafter referred as“ADR”） in respect of the public rental house contract. The ADR is logically derivative of theadministrative behaviors of negotiation as well as one of the diversified solution to theadministrative disputes. This paper holds that the government should establish public housingcontract coordination committee as a platform to, help negotiation, conciliation andcoordination as to essentially resolve the disputes in consequently.In view of the existing administrative legal proceeding and its improvement, the fourthpart studies the improvement of the judicial proceeding concerning the public rental housecontracts, which is demonstrated on the aspects of the litigant, the legal basis and the proceeding procedures respectively.Hereby, it should be specifically illustrated that the practice of the arising public rentalhousing is quite different among local regions. Consequently, the study of the public rentalhouse contract of Chongqing is merely one individual case. Therefore, this thesis hasunavoidable shortage based on the policy and practice of Chongqing. However, thedevelopment of the public rental house contract has just initiated, and the study on Chongqingwill provide a sample for future regulation in this field.