城市住房租金管理法律问题研究
发布时间：2018-07-16 20:38
【摘要】：城市住房租金管理作为房地产管理的内容之一,指城市住房租赁管理部门代表公共利益,为实现“住有所居”的住房政策目标,按照一定的规则和程序,依法对城市规划区内国有土地上的私人租赁住房租金所进行的有组织的规划、协调、监督和规范的活动,以期维护市场经济秩序,保护承租人的合法权益,增进社会福利,从而取得良好的经济效益和社会效益。在我国市场经济占主导的今天,城市住房租金管理仍然有其存在的合理性。“住”的权利是人的一项基本权利,无论是从社会效益均衡、公民住宅权亦或是社会本位理论,保障作为弱势群体的承租方的权益,保障中低收入阶层的居住权都是政府不可推卸的责任。而在我国当前购房压力和城市化的社会背景下,越来越多在城市学习、工作和生活的居民的“可支付的、合理适宜的居住空间”的住房需求转向住房租赁市场。作为是房地产管理的一个重要组成部分,房租管理对于促进住房租赁市场发展、维护住房买卖市场秩序以及完善社会保障意义重大。因此政府对城市住房租金进行管理是保障大城市中低阶层“住”的权利,促进社会效益均衡的一个值得采行的方式。关于租金管理,国外诸多国家和地区都已经作出尝试并且在不断修订中肯定此项制度的作用。我国的实际是,受一系列因素的影响,我国目前关于住房租赁的法律过于笼统,更别说涉及房屋租金的法律规范,而在制度层面,更是一片空白。由此带来的社会问题不容小觑。鉴于此,本文以“城市住房租金管理法律问题研究”为选题,试图在吸取国外房租管制的相关法律制度经验的基础上,基于分析我国城市住房租金管理的现状及带来的问题,就如何构建我国城市住房租金管理法律制度提出自己的初浅的见解。 全文以城市住房租金管理为核心,共分为四个部分： 第一部分,主要阐释了城市住房租金管理的概念和内涵、理论依据及现实意义。城市住房租金管理是政府对经济的依法干预行为。尽管经济学家强调市场经济中效率的重要性,但对城市住房租金管理是在衡量社会方方面面的因素下达到社会经济效益均衡的不得已的选择。同时,这一制度对承租方“居住权”的保护,不仅恰如其分的践行了社会本位理念,也是十分符合弱者权利保护内涵的举措。另外,城市住房租金管理对于促进住房租赁市场发展、维护住房买卖市场秩序以及完善社会保障制度意义重大。 第二部分,主要论述了国外住房租金管理的相关制度及借鉴。在此部分,介绍了纽约、德国及印度的住房租金管制制度。在对三个国家和地区的住房租金管制制度进行考察与分析的基础上,确定正确对待城市住房租金的态度以及相关值得借鉴的经验措施,以支撑我国城市住房租金管理制度的构建。 第三部分,主要是针对我国城市住房租金管理的现状进行分析,包括对我国城市住房租赁租金管理的立法状况及内容、制度现状及问题的分析,并探讨现状产生之原因。我国关于城市住房租金管理的立法上较为明确态度体现在2011年的《商品房租赁管理办法》及其配套的地方性住房租赁管理办法中。但立法层面上基本为原则性规定,缺乏可操作性；在制度层面虽然都有进行制度构建的势态,实际却是一片空白。立法与制度空白对承租方、住房市场、政府支出及社会稳定等社会各个层面都会带来不可忽视的不利影响。 第四部分是本文的核心内容,主要是尝试性的构建了我国城市住房租金管理制度。我国的城市住房租金管理制度主要涵盖城市住房租金管理的主体、管理的内容以及管理的程序及责任四个方面。首先要明确城市住房租金管理的主体的组织设置及管理的职能、职责。其次对城市住房租金管理的内容以及管理的有关措施在借鉴的基础上进行探索性的规定。再次对城市住房租金管理的相关程序进行较为明确的界定以保障法律的程序公正,最终实现实质公平。最后通过设置多层次的责任机制以保障整个住房租金管理制度的有效实施。
[Abstract]:As one of the contents of real estate management, urban housing rent management refers to the public interest of the Urban Housing leasing management department. In order to realize the housing policy goal of "living in the house", according to certain rules and procedures, the planning of the private rental housing rent in the state-owned land in the urban planning area is organized and coordinated. In order to maintain the order of the market economy, protect the legitimate rights and interests of the lessee, improve the social welfare and achieve good economic and social benefits, the management of urban housing rent still has its rationality. The right to live is a basic right of human being. Whether it is from social benefit balance, citizen residence right or social standard theory, guaranteeing the rights and interests of the leased party as the weak group and guaranteeing the right to live in the middle and low income stratum are all the responsibility of the government, and more and more are learning, working and living in the city under the pressure of current purchase and the social background of urbanization in our country. The housing demand of "affordable, reasonable and suitable living space" is turned to housing rental market. As an important part of real estate management, rent management is of great significance to promote the development of housing rental market, maintain the order of housing market and improve social security. Management is a way to guarantee the right of the middle and low class in the big cities and to promote the balance of social benefits. On rent management, many countries and regions have made an attempt and affirmed the role of the system in the continuous revision. The law of housing lease is too general, not to mention the legal norms relating to housing rent, but on the system level, it is a blank. The social problems can not be underestimated. In view of this, this article is based on the "study on the legal issues of urban housing rent management", trying to absorb the relevant legal system experience of foreign rent control. On the basis of the analysis of the current situation and problems of urban housing rent management in China, this paper puts forward my own initial views on how to construct the legal system of urban housing rent management in our country.
The paper takes the management of urban housing rent as the core, and is divided into four parts.
The first part mainly explains the concept and connotation of urban housing rent management, the theoretical basis and the practical significance. The urban housing rent management is the government intervention in the economy by law. Although economists emphasize the importance of efficiency in the market economy, the rent management of urban housing is achieved under the factors of measuring the social aspects. At the same time, the protection of the tenant's "right of residence" is not only a proper practice of social standard, but also a measure that conforms to the connotation of the protection of the rights of the weak. In addition, the management of urban housing rent is to promote the development of the housing rental market and maintain the rank of the housing market. It is of great significance to order and improve the social security system.
The second part mainly discusses the related system and reference of housing rent management in foreign countries. In this part, the housing rent control system in New York, Germany and India is introduced. On the basis of the investigation and analysis of the housing rent control system in three countries and regions, the attitude and relevant values of the urban housing rent are determined. We should learn from the experience measures to support the construction of urban housing rent management system in China.
The third part is mainly to analyze the current situation of urban housing rent management in China, including the legislative status and content of the rent management of urban housing rental in China, the analysis of the status and problems of the system, and the reasons for the present situation. The management measures for the rental of commercial housing and the management methods of local housing leasing are basically stipulated in the legislative level and lack of maneuverability. Although there is a state of system construction in the system level, the reality is a blank. The legislation and system blank are on the tenant, housing market, government expenditure and social stability. All levels of society will bring unnegligible adverse effects.
The fourth part is the core content of this article, mainly the construction of the urban housing rent management system in China. The urban housing rent management system in China mainly covers the main body of the urban housing rent management, the content of management and the four aspects of the management procedure and responsibility. First, the main body of the urban housing rent management is to be clearly defined. The functions and responsibilities of the organization and management. Secondly, the contents of urban housing rent management and the relevant measures of management are provided on the basis of reference. Again, the relevant procedures of urban housing rent management are clearly defined to ensure the procedural justice of the law and ultimately achieve substantive fairness. Set up a multi-level responsibility mechanism to ensure the effective implementation of the whole housing rent management system.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.29
本文编号：2127602
[Abstract]:As one of the contents of real estate management, urban housing rent management refers to the public interest of the Urban Housing leasing management department. In order to realize the housing policy goal of "living in the house", according to certain rules and procedures, the planning of the private rental housing rent in the state-owned land in the urban planning area is organized and coordinated. In order to maintain the order of the market economy, protect the legitimate rights and interests of the lessee, improve the social welfare and achieve good economic and social benefits, the management of urban housing rent still has its rationality. The right to live is a basic right of human being. Whether it is from social benefit balance, citizen residence right or social standard theory, guaranteeing the rights and interests of the leased party as the weak group and guaranteeing the right to live in the middle and low income stratum are all the responsibility of the government, and more and more are learning, working and living in the city under the pressure of current purchase and the social background of urbanization in our country. The housing demand of "affordable, reasonable and suitable living space" is turned to housing rental market. As an important part of real estate management, rent management is of great significance to promote the development of housing rental market, maintain the order of housing market and improve social security. Management is a way to guarantee the right of the middle and low class in the big cities and to promote the balance of social benefits. On rent management, many countries and regions have made an attempt and affirmed the role of the system in the continuous revision. The law of housing lease is too general, not to mention the legal norms relating to housing rent, but on the system level, it is a blank. The social problems can not be underestimated. In view of this, this article is based on the "study on the legal issues of urban housing rent management", trying to absorb the relevant legal system experience of foreign rent control. On the basis of the analysis of the current situation and problems of urban housing rent management in China, this paper puts forward my own initial views on how to construct the legal system of urban housing rent management in our country.
The paper takes the management of urban housing rent as the core, and is divided into four parts.
The first part mainly explains the concept and connotation of urban housing rent management, the theoretical basis and the practical significance. The urban housing rent management is the government intervention in the economy by law. Although economists emphasize the importance of efficiency in the market economy, the rent management of urban housing is achieved under the factors of measuring the social aspects. At the same time, the protection of the tenant's "right of residence" is not only a proper practice of social standard, but also a measure that conforms to the connotation of the protection of the rights of the weak. In addition, the management of urban housing rent is to promote the development of the housing rental market and maintain the rank of the housing market. It is of great significance to order and improve the social security system.
The second part mainly discusses the related system and reference of housing rent management in foreign countries. In this part, the housing rent control system in New York, Germany and India is introduced. On the basis of the investigation and analysis of the housing rent control system in three countries and regions, the attitude and relevant values of the urban housing rent are determined. We should learn from the experience measures to support the construction of urban housing rent management system in China.
The third part is mainly to analyze the current situation of urban housing rent management in China, including the legislative status and content of the rent management of urban housing rental in China, the analysis of the status and problems of the system, and the reasons for the present situation. The management measures for the rental of commercial housing and the management methods of local housing leasing are basically stipulated in the legislative level and lack of maneuverability. Although there is a state of system construction in the system level, the reality is a blank. The legislation and system blank are on the tenant, housing market, government expenditure and social stability. All levels of society will bring unnegligible adverse effects.
The fourth part is the core content of this article, mainly the construction of the urban housing rent management system in China. The urban housing rent management system in China mainly covers the main body of the urban housing rent management, the content of management and the four aspects of the management procedure and responsibility. First, the main body of the urban housing rent management is to be clearly defined. The functions and responsibilities of the organization and management. Secondly, the contents of urban housing rent management and the relevant measures of management are provided on the basis of reference. Again, the relevant procedures of urban housing rent management are clearly defined to ensure the procedural justice of the law and ultimately achieve substantive fairness. Set up a multi-level responsibility mechanism to ensure the effective implementation of the whole housing rent management system.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.29
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