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The Research Of Administrative Power Intervention Of "Group Of Rent"

Posted on:2017-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ChenFull Text:PDF
GTID:2346330488472726Subject:Constitution and Administrative Law
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In 2013, Beijing issued " The Notice of Publishing the Building Standards of per capita Living Area in Beijing and Other Related Issues "(hereinafter referred to as the "notice"), the concept of the "group of rent" is defined. However, how to effectively implement the "notice", how to defi ne the legal relation of the phenom enon of "group of rent" and the rights and obligations, how to solve the hous ing of the low-incom e group, are to deal with. And in the short term, this phenomenon of the high housing re nt in many parts of China is m uch harder to solve, even having a part of the original group of rental housing people at violations of continuing to select group of rent housing to live. And some building lenders in order to get some more rent, also hard to avoid to violate the group of re nt housing rent crowd behavior. And in large total rental housing situation, rele vant management departments also hard on housing rental situation to ca rry on the effectiv e regulation. Under the background, it will inevitably lead to a hard to get relevant provisions of the practical execution, even to a certain extent are punished. So this paper tries to put forward with administrative power in the civil law, such as t he range of pr ivate law can't adjust to co mplement and perf ect: from the legislation of binding, using the characteristics of inherent laws and regulations regulating the conduct of the parties to protec t the rights and interests of the parties; Adopt the way of administrative licensing standard rental market, put forward a clear rental criteria; Play to the role of the administrative guidance, guide the "group of rent" to the scien tific and normative way.This paper is divided into five main parts:The first part is the overview of the "gr oup of rent" issues, including first em barks from the research background and the issues involved in conceptual explanation; Secondly, starting from the existing research at home and abroad of analysis the problem from the perspective of administrative law.The second part is "group of rent" the stat us quo and problem s in hand, to sort on the jurisprudence should have the concept of the problem. Problem oriented, it is pointed out that using the method of the necessity of administrative law to solve the problem of this reality.The third part is based on the executive pow er in the system of the "group of rent" practice, review the advantages and problems of the existing system.The fourth part is to the solution of each country or region, analyzes its has the feasibility of the implementation of measures to resolve the methods summarized in accordance with the status quo of China.The fifth part is the adm inistrative law to solve the problem of "group of rent" construction put forward concrete suggestions on the system, aimed at solving the problems in reality.Whether administrative power can reason able intervene, in what way, affectin g the guarantee of the low-income group and executive power supervis ion effectively. In ensuring the interests of the public at the sam e time, the specific means of private rights in executive power need to be further clear, rather than simply use "check supervise responsible" sim ilar words in a blur, can produce social effect should be fully aware of the specific procedures, the entity means flat in the private rights.
Keywords/Search Tags:” group of rent”, administrative power, reasonable interference
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