The Application Of Law During Disputes Treatments Of House Leasing Contract Of COVID-19

Since the outbreak of the new type of the COVID-19,due to the suddenness and complexity of the COVID-19,a various of strong administrative controlling policies and measures have been adopted from the whole country to the each local level by the China government.Housing lease contract disputes caused by the epidemic have also entered judicial procedures one after another.Due to the suddenly outbreak of the epidemic,the issue of whether the irresistible force or change of situation should be applied to the performance of the housing lease contract caused by the COVID-19 has not yet formed a more unified theory.A sound legal response mechanism needs to be established.Based on the fact that the COVID-19 itself is more like the irresistible force system,and the prevention and control measure is more suitable the change of situation system.In judicial practice,the reasons for COVID-19 housing lease disputes are usually changing with the development of COVID-19 events.It is difficult to define the whole dispute with a single legal system.Consequently,the rules of law applicable are different in judicial practice.Therefore,the dynamic and normalization of COVID-19 and its prevention and control measures has brought about the extraordinary obstacles to the execution of the rental contract,and the law of application of law is urgently needed to be improved.The most important thing is how to qualitative COVID-19 and its prevention and control measures qualitatively after the Civil Code of the People’s Republic of China takes effect,and how to apply the irresistible force and the change of situation.The purpose and content of this paper is to analyze the three mainstream viewpoints currently applicable to the law applicable to COVID-19 housing lease cases:qualitative and applicable to the irresistible force,qualitative and applicable to the situation change,application of the principle of fairness.Choosing the irresistible force or the change of situation,the victim can only choose one of them for relief;Another rule applies flexibly in individual cases.Comparing the advantages and disadvantages of the two applicable rules,it is put forward that the application of the rules of integrated application can objectively and comprehensively evaluate the contract state of the contract involving COVID-19’s housing lease contract,and the balance of interests after the rescission or alteration of the contract.Under the rule of integration,it is no longer necessary to evaluate the COVID-19 and its prevention and control measures,the irresistible force and the change of situation can be applied together to produce corresponding legal effects if needed.That is to say,the application of the rules of integral application makes the COVID-19 and its preventive and control measures be legally applicable to the irresistible force,which is not necessarily applicable to the law of the irresistible force and when the law of it is applied.The rule is more in line with the complexity of the COVID-19’s legal fact and is more conducive to overcome the vagueness of the existing legal rules.