A Study On The Protection Of The Rights Of Tenants

As the process of urbanization promoting,urban polulation grows papidly,which has put enormous pressure on city.On one hand,residents are suffering from high housing price.On the other hand,owing to the under-developed legal system,housing rental rate in China remains on low-level,housing rental market is also developing slowly.It is the design of housing rental legal system that influencing both sides’ vital interest during house leasing.Due to the specific characteristics of renting,diversities exist between landlords and tenant,namely economic power,contract interest and so on.It is obvious that landlords are enjoying a dominant position,from where they are only aiming at collecting rent,while tenants are trying to seek a comfortable and proper place for living,which is involved with protecting personal dignity,freedom and privacy substantially.In order to manifest the substantial fairness between landlords and tenants and protect tenants’ interest effectively,it is necessary to provide tenants with the same protection as labors and customers.However,current legal system in China tends to protect landlords’ interest to some extent or never sets special protection on tenants at least.There aren’t any laws regulating problems such as rapid rise rent,loose rental relationship and off-standard houses.Tenants in disadvantage position suffer from the laissez-faire rental market regulations,which goes against the long-term and healthy development of rental market.With the methods of comparative study and literature analysis,based on the actuality of rental market in China,this paper tries to analyse the disadvantages of current protection on tenants’ interest.Stepping forward,in order to make suggestions for establishing rental legal system in China in the purpose of habitable living,easy living and comfortable living,this paper studies on the basis of tendentious protection on tenants,from the angle of juristal theory such as Constitutional Jurisprudence,Economic Jurisprudence and Civil Law,while referring and absorbing overseas legislative experience and research achievement.