"Install widely between mansion ten million, shelter greatly the world is cold person all smiles happily. " from ancient up to now, housing is bearing the weight of all the time hope and look forward to of people, everybody hopes can " live to be resided somewhat " , have a place that keep out wind and rain. Nowadays, housing also is safeguard of the basiccest the people's livelihood, housing problem matters to the personal interest of people.
To come true " should let all people live to be resided somewhat " this one target, our country published multinomial housing policy, among them, ensuring sexual housing is among them. Safeguard sex housing serves as the member that face family of town housing difficulty, new obtain employment not to have worker of room worker, ab extra Wu how to reside measure, it is the crucial act that implementation gets safeguard masses to close right increase.
In recent years, as safeguard sexual housing construction allocates quantitative increase, the experience that the court accepts ensures amount of sexual housing case to also present an ascendant trend. The original intention that ensures sexual housing depends on helping those have the group of housing difficulty, let them can live and work in peace and contentment, how can you just realize the original intention of policy of this one housing to the greastest extent?
On April 11, beijing the first intermediate court (the following abbreviation " one quadrangle of Beijing " ) hold " circumstance of work of trial of dispute of housing of experience safeguard sex " news bulletin is met, combed the characteristic of this kinds of case, summed up the outstanding legal issue in this kinds of case, make risk clew at the same time. Expert attending the meeting also sets out from respective domain, the personal interest that how safeguards people better, original intention to table a proposal that implements safeguard sex housing better.
Dispute of housing of experience safeguard sex is complex and diversiform
Violate compasses relet, cheat buy, trade... how are these legal issues that guarantee sexual housing defeated?
"To accelerate implementation all people lives to reside this one target somewhat, beijing built hire purchase to develop simultaneously, accord with the housing with actual capital to guarantee a system. " Beijing housing and Zou Jinsong of vice director of council of urban and rural construction report the introduction on the meeting in news. He points out further, beijing develops energetically since 2010 fair rent a house, low income housing is difficult family, new in solving this city town mainly obtain employment does not have room worker and the demand of new citizen housing that accord with capital city strategy to locate development needs, construction of start working of whole town accumulative total raises money fair rent a house 200 thousand, allocate 180 thousand, enter 130 thousand. In the meantime, execute objective to supply the measure that develops simultaneously with monetary allowance, 2015 the bottom publishs the market to hire room allowance policy, support accords with conditional family to solve housing problem through renting the market, accumulative total extends the market hires room allowance fifty-three thousand two hundred, 1.572 billion yuan. September 2017, beijing still published measure of housing of mutual property right. Current, project of housing of whole town mutual property right 64, room source 65 thousand; Among them already explain buy an item 33, room source 35 thousand.
As type of safeguard sex housing and grow in quantity of quantitative year after year, the of all kinds case of housing of concerned safeguard sex also gradually emerge in large numbers. One quadrangle of Beijing is reported in news express on the meeting, came in January 2015 March 2019, one quadrangle of Beijing tries experience to ensure sexual housing case in all 155. From the point of case type, case of housing of experience safeguard sex involves economy applicable housing, fair hire room, cheap to rent a house, wait for housing of sex of of all kinds safeguard from room of housing, price fixing. Occupy from the case than looking, the case of applicable housing takes experience economy than 64% , experience is general the case that hires Fang Helian to rent a house is occupied than 32% , experience is occupied from the case of housing and price fixing room than 4% . Look from quantitative trend, the amount of applicable housing case shows experience economy downtrend, the amount of the general case that rent a house shows experience ascendant trend of year after year, the proportion of case of housing of sex of the safeguard that take experience rises gradually. Distributing from brief of a case in light of, contract dispute is occupied than 69% , matter right issue is occupied than 18% , marital family dispute is occupied than 13% , contract dispute takes the posture that lifts ceaselessly than be being shown in recent years.
"The policy law sex of case of housing of experience safeguard sex is strong, of the amplitude change of amount of this kind of case and relevant policy come on stage adjust high be identical. Be perfected ceaselessly as what Beijing housing guarantees a system and develop, came 2015 2019, the experience that my courtyard careful writtens guarantee ensures the quantitative year after year of sexual housing case to rise. Among them, mixed 2016 Beijing lived 2017 build appoint after releasing series document, the supply that ensures sexual housing increases, the case that my courtyard hears subsequently apparent increase; Beijing lived 2018 build appoint the further normative fair administration that rent a house, after increasing superintendency strength, experience is general the amount of the case that rent a house relatively on amplitude of year the corresponding period exceeds 100% . " Gao Ping of committee member of full-time of committee of one quadrangle adjudgement is in Beijing news bulletin says on the meeting.
Gao Ping points out further, diversity of case of break a contact also is one of characteristics of this kinds of case. Among them, relet, owe hire, detinue, cheat buy, violate compasses trade the case of break a contact that etc is tall hair. "Add domestic element complex, safeguard sex housing is unit application with the family more, in produce divorce, applicant to die when waiting for domestic concern to change, the safeguard sex housing that can affect a family applies for a qualification, living interest of easy also generation is broken up wait for legal problem. In addition, safeguard sex housing affects the living interest of masses, involve basic the people's livelihood, have stronger public property. Add social attention to spend taller, the cognizance of relevant case becomes heat issue extremely easily, the public opinion that causes social community is resonant. These characteristics decided to try experience to ensure sexual housing case must more careful. " Gao Ping says.
Experience guarantees the outstanding issue in sexual housing case
Violate compasses relet, cheat buy, trade... how are these legal issues that guarantee sexual housing defeated?
The reporter can understand through news bulletin, the dispute of case of housing of concerned safeguard sex is varied, but in light of the case that hears a case from the court, the legal issue that case of housing of experience safeguard sex involves highlights expression to be in violate compasses relet to seek profit, refus does not pay house of hire, detinue, break the law violate compasses cheat buy, violate compasses sell 5 fields ahead of schedule.
Together in case of the fair relet that rent a house, hu Mou, Yang Mou was signed " Beijing building rents a contract " , conventional Hu Mou bear hire Yang Mou 1704 buildings, lease 1 year. After this, the building rent that Hu Mou paid 12 months to Yang Mou and cash pledge merge into. December 2016, property right unit informs Hu Mou, beijing of department of experience case building is fair rent a house, hu Mou is not former tenant, cannot continue bear hire, reason asks Hu Mou is vacated return a house; In the meantime, property right unit informs Yang Mou, its have no right this building relet. Hu Mou is sued to the court then, the request removes to rent a contract with what Yang Mou signs, yang Mou is returned return the building rent that its had paid ahead of schedule and deposit.
"The issue that refus does not pay rent is more outstanding also. " Gao Ping says. She tells a reporter, because Rui Mou of the fair tenant that rent a house defaults hire,one quadrangle of Beijing has been tried one case, expire to be appealed to to vacate return a house, fill the case that makes hire.
In addition, detinue building issue is outstanding. One quadrangle of Beijing has tried death of the fair tenant that rent a house, heir one case to not have bear the case that hires a qualification: Some armour of unit of lessor property right and tenant Liu was signed " the public housing that rent rents Beijing contract " , among them the 9th agreement: Liu some armour dies during rent, contract proper motion removes; Check of classics of member of collective application family still accords with standard of the general application that rent a house, can be in after signing the collective contract that rent a house afresh, continue bear lease a building. Liu some armour dies after, building by Liu Mou the second of female Liu Mou of armour is continued to live. On January 17, 2017, area housing ensures a branch to send to cancel domestic housing to guarantee qualificatory advice note to property right unit, content already was accorded with no longer for check of classics of family of Liu Mou armour fair hire a room to deserve to hire a condition. Property right unit is sued to the court then, request Liu some second is vacated return a house, pay a building to hold cost.
In the meantime, one quadrangle of Beijing still reported respectively break the law together violate compasses cheat buy and violate compasses the typical case that sells ahead of schedule: Tear open change compensation to find a place for together in the activity, zhang Mou armour is not the personnel be findinged a place for of the area that tear open change, yi Weishen has been asked directional find a place for room. Zhang Mou second says its stem from friend personal loyalty, forge piece of some armour examine and approve formalities, cause property right unit to think Zhang Mou armour is had by accident buy directional find a place for the qualification of the room. On Feburary 26, 2017, property right unit and Zhang Mou armour were signed " building business contract " reach " compensatory agreement " , agree Zhang Mou armour buys 602 houses. Later, zhang Mou armour obtained the praedial authority letter of the building according to it, right property is by economy applicable housing manages. Zhang Mou armour paid to buy house money and relevant fare to property right unit for this, show a building to be had by Zhang Mou armour, use. Of property right unit sue a request to be: Affirm business contract and compensatory agreement are invalid, zhang Mou armour restores property right to register to under one's name of property right unit, vacate retreat return return a house.
And violate compasses sell main show is the restriction that did not pass 5 years to trade ahead of schedule period, be about to the case that the building sells. On October 23, 2012, wen Mou and Zhao Mou were signed " Beijing puts contract of quantity building business " , agree Zhao Mou sells 1003 houses Wen Mou, zhao Mou takes a room this hind should cooperate Wen Mou to deal with formalities of change the name of owner in a register, place of change the name of owner in a register produces charge to be assumed by Wen Mou in the future. Wen Mou was referred to the court appeal to contend for a building to inquire information and pay taxes prove, inquire according to this information shows: Appeal to those who contend for a building to register time to be on October 9, 2012, economy of this building department is applicable housing, when both sides signs building business contract, buy economy formerly applicable housing still resents 5 years. Of Wen Mou sue a request to be: Zhao Mou continues to fulfil a contract and deal with formalities of house property change the name of owner in a register to hear some after adjudicative become effective.
Violate compasses deal with the law that ensures sexual housing is sequential
Violate compasses relet, cheat buy, trade... how are these legal issues that guarantee sexual housing defeated?
Be aimed at the outstanding law problem that encounters in judicatory practice, one quadrangle of Beijing joins particular case commentate law argue, pointed out the law that violates compasses processing to ensure sexual housing to will be faced with is sequential clearly.
In the light of violate compasses relet to seek profit this one problem, gao Ping points out, fair the safeguard property that rents a house decided tenant can be restricted to ensure masses at sufferring specificly surely only. Fair rent a house bear after hiring, if choose relet target by tenant freedom, appear possibly tenant do not accord with a condition to be had actually however use fair the case that rents a house, disobey policy original intention, second tenant also is faced with remove contract and vacate the venture that cancels a building.
The reporter notices, narrate Hu Mou, Yang Mou to violate compasses relet afore in one case, the court thinks after classics cognizance, because experience case building is fair,rent a house, prohibit relet, relet causes contract purpose to cannot come true, should grant to remove lawfully. After the contract removes, have not fulfill, stop fulfill; Had fulfilled, the basis performs circumstance and contract character, party can ask restorable or adopt other remedy measure. In this case, the court supports finally remove both sides signs " Beijing building rents a contract " ; After the contract removes, yang Mou should return the building hire inside lease of Hu Mou the rest and deposit.
According to Beijing one quadrangle reports content to show, the consequence that refus does not pay rent is to vacate return a house, fill pay rent, pay high specified number penalty due to breach of contract. In Rui Mou refus does not pay rent in one case, the court thinks, rui Mou behoove fulfils the obligation that pays building rent in time by contract agreement, its without reason defaults the behavior of building hire, already made break a promise, unit of reason property right asks Rui Mou pays owe the appeal that pays hire and penalty due to breach of contract, have at the law according to, the court gives support. Of bilateral agreement during renting already at the expiration of one's term of office, after some ought to return a surname to return a house and assume the contract that rent to expire, continue to have use appeal to the charge that disputes a building.
"Be in fair after hiring room former tenant to die, the heir that lives together before one's death with tenant thinks he is obtained directly normally bear hire advantageous position, won't vacate actively consequently return a house. But if heir is not had bear hire a qualification, so continue to have fair the behavior that rents a house belongs to detinue, assume be appealed to to remove contract, vacate the venture that cancels a building. " Gao Ping says. In the case is being stated before, according to contract agreement, bear hire armour of square Liu Mou to die during rent, contract proper motion removes. After the contract that rent removes, liu some second did not obtain domestic housing to ensure a qualification, did not sign a contract afresh with property right unit, here case falls, ying Yuteng of Liu some second returns a house and pay a building to hold cost.
Gao Ping is reported in news point out on the meeting, follow the target of safeguard to achieve energy, ensure the application requirement that sexual housing all sets it is certain to have. Application gains the application competence that ensures sexual housing artificially, forge add of make use of sb to buy the deed that ensures sexual housing, damaged other merit to ensure the legitimate rights and interests of masses, cause inequity of distributive of safeguard sex housing. The applicant also is faced with a contract to be maintained to disable to be vacated then retreat return the risk that returns a house. And violate compasses sell a house ahead of schedule, no matter be a bargainor,still buy suffer just will bear corresponding adverse legislation consequence. Violate in Zhao Mou compasses offer economy ahead of schedule applicable room in one case, the building contract that both sides signs is maintained finally to be by the court invalid, buy those who suffer square Wen Mou to ask Zhao Mou continues to fulfil a contract to appeal to beg did not get supportive. "Because,this is, one of character of applicable housing property right reflect economy to trade for limitation of 5 years namely period, vendee should abide by the regulation that applicable housing must not offer economy inside 5 years. During this inside, vendee signs economy with the 3rd person contract of applicable housing business and the behavior of change the name of owner in a register disobeyed economy the policy tenet that how applicable housing safeguard resides limitation to trade, can harm the living interest of social community, be maintained to disable consequently. The 3rd person needs to assume the risk that business contract fulfills because of disable and cannot continueing. " Gao Ping emphasizes saying.
Leave the person that has need truly safeguard sex housing
Violate compasses relet, cheat buy, trade... how are these legal issues that guarantee sexual housing defeated?
Safeguard sex housing matters to the personal interest of masses and happy index. Be aimed at a few problems that safeguard sex housing exists at present, how should be concerned branch answered, to leave the person that has need truly safeguard sex housing, still need what to effort make? The netizen points out, be in village of housing of sex of a few safeguard, often can see a few resident of a village of high-grade car pass in and out, this kind of phenomenon when is ability thoroughly terminative?
The angle that one quadrangle of Beijing carries out from judicatory sets out, remind tenant, vendee and property right unit, must abide by relevant law laws and regulations, depend on lawfully compasses sincere abide by about, in order to achieve the social result that how safeguard of safeguard sex housing resides. To broad suffer safeguard masses, one quadrangle of Beijing hints, want to use a building according to it, violate compasses relet to be prohibited strictly; Pay rent in time, default hire to will remove contract; Declare change self-consciously, the qualification nots agree with vacate actively retreat; Provide real data, formalities builds false contract to disable; Abide by limitative regulation, trade ahead of schedule will be maintained to disable.
Safeguard masses honesty suffers in clew be as good as one's word, depend on lawfully compasses while according to it punish ensures sexual housing, one quadrangle of Beijing also hints property right unit, should adopt a variety of means to be fulfilled adequately tell obligation, bright show the consequence that violates act of compasses break a contact accordingly; All ought to arrive to notice obligation carefully, the data that to sufferring safeguard masses provides undertakes serious examine and verify, check one by one whether to accord with corresponding policy regulation, cogent accomplish should protect protect, the applicant that avoids not to accord with a qualification signs a contract, suffer get a house; Property right unit ought to act on equal and freewill principle, with suffer safeguard masses to sign written contract, bilateral right obligation is made clear in the contract; Unit of the common property right that rent a house ought to strengthen an autograph to make an appointment with the whole journey trends of around to manage, the autograph makes an appointment with ongoing travel information to put on record, after the autograph is made an appointment with, pass door visit the day-to-day management that waits for means to strengthen pair of autographs to make an appointment with a person, the qualification nots agree with control a house in time; In the meantime, also want to notice to capture hire in time, during deciding, exercise tells the way authority.
One quadrangle of Beijing also expresses, the judicatory that the court will raise to ensure sexual housing case to experience ceaselessly ensures ability, ceaseless and contented people is in the judicatory demand in this kinds of case.
"The part ensures sexual housing, especially the public house of straight canal sex of old the city zone has sex of historic, policy and complexity feature, the court is in the process that hears a case, although want to pay attention to centralized adjudgement technological process and unified juridical measure, but in individual case, particular case should be accomplished when involving these 3 characteristics especially concrete analysis. " Beijing on the west center of management of land of building of the city zone on the west Mayana of secretary of Party branch of institute of Chang'an Street government suggests.
House of region of Beijing abundant stage collects Yang Hua of section chief of division of clerical center legal institutions to express, the court is when dispute of housing of sex of cognizance experience safeguard, should pay attention to the effect that produces judicatory proposal, the problem that in be being tried to the case, encounters undertakes classified, making clear is system reason after all because execute the law,still be lax those who bring about. "In the meantime, should pay attention to the feedback that suggests to judicatory about the branch, let judicatory suggest to produce effect truly. " Yang Hua emphasizes.
And ensure sex of policy of sexual housing law in the light of experience strong this one character, ma Huijuan of Beijing Jia Chengtai and attorney office partner, director expresses, the lawyer ensures sexual housing in processing experience there is main effect in the case, hope court and the typical case that can ensure concerned experience sexual housing about the branch and policy undertake be publicitied effectively, expedite communication channel, so that the lawyer is in,the representative can increase the argue capacity to party when relevant case, dissolve contradictory dispute thoroughly. Ma Huijuan still expresses, hope court and relevant section are strengthened further and publicize strength deep, housing of sex of safeguard letting experience is violated compasses the legal consequence that deal with and concerned policy is more thorough popular feeling.
To ensure the fair be apt to that ensures sexual housing is used, zou Jinsong expresses, housing of sex of will farther perfect safeguard uses housing safeguard department superintend lasting effect mechanism, execute the superintendency mode of special inspection, random examination and union of photograph of daily go on a tour of inspection, in government-owned net and date of small letter public fair show violate compasses family basic message, increase public exposure strength, form strong awe; Increase a branch to combine chasten strength, rectify violate plan representative information, jointly with the bank the center that sign a letter will be violated compasses use fair the domestic member information that rents a house is brought into break one's promise list management; In the meantime, advance energetically " ability is prevented " method application, clear new the public project renting a house that brings into Beijing to ensure a room to build a plan employs a person in the round the technology such as door lock of facial identifying, intelligence, as associated as entrance guard photograph, implementation is not bear hire domestic member to must not enter gate of Lou Dong unit at will.
Character: Soar
Supervise the manufacture of: Su Antian
