A Study On The Legal System Of Housing Rent Control In China

With the continuous advancement of both rent and purchase,the housing rental market will usher in rapid development,and the matching legal system will inevitably be written into the schedule.After the end of the three-year novel coronavirus epidemic,the contradiction between supply and demand in the housing rental market,which is concealed under the epidemic prevention and control,will break out more violently with the restoration of population movements.As a short-term and effective system,rent control is a good countermeasure to stabilize the housing rental market.Therefore,it is imperative to construct a perfect rent control system.The tilt protection theory constructs the institutional theoretical basis of rent control from the perspective of economic law,and demonstrates the legitimacy basis of rent control.The theory of government intervention demonstrates the legitimacy basis of rent control from the relationship between government and market.The theory of leasing policy difference provides the support of policy perspective for rent control.In the transformation of dual leasing system,China needs rent control to escort market stability.The theory of regulatory space provides ideas for the construction of specific systems of rent control,and guarantees the realization of the institutional effect of rent control from the decentralization of regulatory resources.From the current situation of China ’s urban housing rental market,there is a clear contradiction between supply and demand,and it cannot be resolved in a short time.This contradiction directly leads to the abnormal rent of rental housing,which further endangers the realization of citizens ’ housing rights.At the same time,the combination of rent and purchase has also exacerbated the contradiction to a certain extent.In some key cities,the reality of abnormal rent increases has emerged.Based on the International Covenant on Economic,Social and Cultural Rights,the human rights protection of housing rights has been developed and is being promoted.Therefore,China has the necessity of rent control.At the same time,rent control in China is not a blank.The right basis for rent control can be found in China ’s constitution,and the policy orientation of rent and sale also provides a feasible basis for rent control.In fact,rent control in the central and local legislation and practice are well-founded and traceable.The United States and Germany are two typical countries that implement rent control.These two countries have both commonalities and characteristics in the choice of rent control mode and the design of specific rules,which provides a good reference for the establishment of China ’s rent control system.The construction of China ’s rent control system should focus on the ’ housing leasing law ’ to control the idea as the core,and improve the coordination between departmental laws.The specific system is clearly divided into four parts : The first is to clarify the scope of application of rent control,including applicable regions,applicable situations and exceptions.Rent control is a measure with a strong degree of market intervention and should be applied cautiously,so its applicable restrictions should be clarified.The second is to construct the entity rules with the regulation of rent amount as the core,to construct the entity norms of restricting the basic rent by reference rent and raising the rules to restrict the wanton rent increase.Third,improve the whole process specification from reference rent setting to rent increase rule restriction to ensure the fairness and justice of the process.The fourth is to improve the rental registration filing system,the restriction termination system and the implied guarantee system of habitability matching the rent control,so as to ensure the realization of the purpose of the rent control system.