These days, the focal nothing is more... than that causes attention " living authority " topic. "Living authority " why should write into civil code to be in charge of? Is there He Yiyi? What does the influence that lives to living have?
-- one --
According to report of Xinhua News Agency, on August 27, the civil code law that gets social attention fully is made up each minutes (draft) submit to the 5th times the conference discusses standing committee of National People's Congress of 13 whole nations, "Living authority " write content to counterpoise first a draft, set one rule only, in order to reveal its important.
This one chapter involves 3 keys:
It is a village the accrual of public utility puts in owner 's charge to share.
Current, advertisement of paste of the wall outside be being put in a few property to serve an enterprise to did not ask for owner opinion do sth without authorization to change the utility of mutual part to perhaps be used, elevator seek profits, and these accrual are had by property company, do not announce to owner.
To this, draft increases a provision, the use that changes mutual part perhaps uses mutual part to be engaged in managing an activity to ought to be decided jointly by owner, the profit that mutual part generates belongs to owner to share.
2 it is living demand of contented and specific crowd, provide living power especially.
Be opposite in draft " living authority " the explanation is: Living right person has authority to agree and be had via registering according to the contract, the residence of use other, stabilize life living need in order to satisfy its.
Arrangement of this one system is the agile arrangement that approbate and protects civil main body to be ensured to housing, the living demand of contented and specific crowd provides living power, also conduce to for fair hire room and old people to provide legal safeguard with room provide for the aged.
3 it is the residence during construction uses ground access of at the expiration of one's term of office, automatic add period.
In draft, during the residence that pays close attention to in the light of social height builds the access that use the land add of at the expiration of one's term of office period problem, made principle provision: During the residence builds the access that use the land of at the expiration of one's term of office, automatic add period.
Should add period want add fee? Add cost is sure, how pay or derate, need the provision of according to law, administrative regulations, when after what the State Council puts forward to revise concerned law is second reading, go further had done join.
Other explicit contract is made up in, to protect tenant interest, stimulative housing rents market health to develop, what draft increased housing tenant is preferential bear the system that hire advantageous position. In addition, still stipulated report, water, gas, heating power supplies person and common carrier to be opposite of social community conclude a treaty compulsively compulsory, perfected format clause system.
-- two --
Matter right is the serious money property right that civil main body enjoys lawfully. Include droit, living authority to wait.
Make clear living authority, make live right person be able to safe means is had according to contract agreement, the residence of use other, the living need that stabilizes the life in order to satisfy its -- straight white ground says, lease the building of others, also can pass safety, steadily, won't precarious.
If code did not make clear living authority, the cheap below system of housing of social security sex is hired room and fair the tenant that rents a house, be in the right possibly " unsafe condition " , the stability that housing of this may quits safeguard brings.
The meaning with living the most significant advantageous position, still depend on be " hire purchase is coequal " fulfil the foundation that puts up law to build truly. The dimension of right person is spent and inspect in order to live, distinguish no longer property right person, of the public service that everybody is some equality no longer enjoy and pay additional price additionally.
Although live,authority is not is " hire purchase is coequal " all, fulfil in the round " hire purchase is coequal " still need number of households and total population reform, public service is balanced change, guarantee a series of systems such as sexual housing cooperate, but without living authority, "Hire purchase is coequal " the likelihood makes a castle in the air.
Look from the meaning of social adjusting control of living authority, civil code standard is specific " living authority " , give the social building market that rent lease of life of benign development infuse, be in " hire purchase is coequal " how-to below, in obtain living authority and the option that acquire property right to go up, more and more people can choose same stability, safe living authority, this is helpful for the low cost flow of population undoubtedly, fulfil " the house lives to be not fried " spirit.
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