A Study On Legal Issues Of Equal Rights Between Tenant And Owner

The report of the 19th National Congress of the Communist Party of China on "accelerates the establishment of a housing system that ensures supply through multiple sources,provides housing support through multiple channels,and encourages both housing purchase and renting" clearly specifies the new goal of the reform of the housing system.In2016,the General Office of the State Council issued 《Several Opinions on Accelerating the Cultivation and Development of the Housing Leasing Market》,which clearly stated that it is necessary to implement both rental and purchase and deepen the reform of the housing system.In 2017,the Guangzhou Municipal Government issued the 《Notice on Accelerating the Development of the Housing Leasing Market in Guangzhou 》,and for the first time proposed the term “equal rights between tenant and owner”.At the same time,the《Notice on Accelerating the Development of the Housing Leasing Market in Large and Medium-sized Cities with Net Inflows of Population 》 jointly issued by the Ministry of Housing and Urban-Rural Development and the nine departments,selected 12 cities as the first batch of housing lease trials.Since then,equal rights between buyer and tenant has been frequently mentioned in local policies,causing heated discussions.Equal rights between tenant and owner is an important measure to develop the leasing market,it is an important link to implement purchase and Lease both play a vital role,and it is also one of the important contents of the next leasing legislation.However,there are still many obstacles to the implementation of the equal rights between tenant and owner.Due to the lack of clear policies and regulations,the connotation of the legal definition has not yet been determined,the main qualifications of the lessees are not clear,the scope of the rights of the same rights is inconsistent,and the rental market is imperfect.Problems such as the difficulty in effectively protecting the interests of renters have restricted the implementation of the same system for rent and purchase.In this regard,the author believes that in the process of promoting equal rights between tenant and owner,it is necessary to establish the concept of housing rights,build an institutional system,and take multiple measures.The basic rights of tenants and the rights and interests of public services,we must improve the supporting system,accelerate the reform of household registration,provident fund and othersystems to cooperate with the promotion of the same rights in hire purchase.In addition,we must implement government supervision responsibilities and coordinate various departments to perform supervision responsibilities.