Zhong Xinyu / photograph
Grow the crisis that rents apartment, one did not make the same score to rise again. Forestall is immersed in in operator, operate while price public opinion is oppugned, on September 1, dispatch of date of small letter public says, after gentleman of king of the employee in A is entering the freely apartment below catenary home banner, sufferring from acute marrow personally before long is leukaemia (M4) die. The family member makes after detecting, discover to the air inside apartment, the formaldehyde inside the building exceeds bid, think to be put in major concern with Mr Wang sicken, already sued to the court at present. To this, freely government small gain " freely guest " response of hair small gain says, the work that coordinates a judicial department actively. Catenary home and freely controller also phonate in friend circle in succession, "If be our responsibility, we are assumed " .
In fact, growing the problem that hires apartment formaldehyde to exceed bid is not to appear for the first time, but cost of many the Cong Weiquan that rent a settle or live in a strange place considered to choose to be borne silently, joking even call toxic substance oneself " human body filter " . Expand the burgeoning trade that rise as nearly two years, long why to hire apartment to be exploded to give formaldehyde to exceed bid time and again? How to hire a guest to should safeguard the rights and interests of oneself again? Long hire house operator to be in through " horse race encircles the ground " after ability of bargain of the source of room of race to control of type, promotion, what kind of responsibility should assume again? To this, the reporter interviewed relevant expert.
Controlling cost is formaldehyde exceeds bid advocate because of
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Long renting apartment is to point to house property business or company of house property broker leases the building of owner below, transform through decorating, after matching neat basic establishment, lease the building that go out again. Unlike before the building hires pattern, long hire house operator to be able to be mixed directly hire a guest to sign a contract, lease is a year commonly.
The reporter investigates discovery, because grow,rent apartment advocate play brand and character, captured the demand of the young group that rent a house, many length hire apartment brand development is rapid. For example, freely issuance data shows, end in August 2017, the freely freely inside 5 cities of Beijing, Shanghai, Shenzhen, Hangzhou, Nanjing guest (the person that hires freely building) more than 1 million person. I love the photograph contain with my subordinate home to express, end by 2017, photograph contain already layout China 13 large and medium-sized city, accumulative total is 5 million hired a guest to offer long, short hire a service.
"Grow the demand that hired the occurrence of apartment to satisfy the market, seek the way of room source to hired a guest to offer efficient, low cost. " Song Yahui of associate professor of courtyard of Nanjing university law studies economic law is old, look in him, long hired apartment to break China to hire room market for quite a long time C2C (landlord is right rent a settle or live in a strange place) mode, reduced time to hire a guest to seek a room already, still can avoid to meet black heart medium, together with rents building course is decorated certainly, go to the lavatory, be hired the guest's welcome naturally.
However, long rent apartment while the market brings advantage to rent a settle or live in a strange place, the problem such as indoor air quality lets the building hire a guest to be full of fear. According to news of tiger smell network, this year in July, mr Ruan that works in Beijing leased the building of a two bedrooms on freely, dan Gang is moved rise all over before long full red bag, pass authoritative orgnaization detect, because building formaldehyde exceeds mark be caused by,be. Not long ago, ms. Yao that rents a house in freely likewise appeared the formaldehyde such as disgusting, retch is toxic symptom. To make a thorough investigation of reason, ms. Yao undertook detecting, the data that sampling of the two place inside the building nods shows, formaldehyde content is 0.17 milligram respectively / stere and 0.18 milligram / stere, exceed apparently " standard of indoor air quality " 0.1 milligram of the regulation / the requirement of stere.
Of course, one is put in the more than freely of the problem. Combinative media reports the reporter discovers, apartment of chorion apartment, photograph contain, YOU+ also be exceeded by exposure existence formaldehyde the problem such as mark.
It is reported, formaldehyde concentration is higher, general meeting is caused asthma, excitant weep, disgusting, bosom is frowsty wait for a symptom. Research organization of cancer of international of World Health Organization has thought formaldehyde truly a kind of carcinogenic substance, the harm of formaldehyde is self-evident.
Since the harm of formaldehyde is such big, the choice grows those who rent apartment to hire a guest to also be absent a few, why can you explode time and again the issue that gives formaldehyde to exceed bid?
Many personage inside course of study expresses, cost control is the main reason that causes the formaldehyde inside the building to exceed bid, "Control of this kind of cost reflects the ventilated time in the building on one hand short, it is to decorate material to pledge quality is differred on one hand. " before this, freely plum surnames a staff member to ever admitted when accepting media to interview, the building that has decorated places 3 days at most commonly, can hang out his shingle rental. Have more very person, the edge decorates an edge to rent, do not have significant ventilated time at all. And the stand or fall that decorates quality, material is qualitative whether the air quality that environmental protection also affects a building directly.
Brave of Li Lei of solicitor of office of attorney of Beijing orchid stage thinks, at present the building rents what the industry does not have a standard to decorate a level, the assessment that does not have healthy and safe respect more is restricted. Below the circumstance that did not restrain, growing the problem that hires house operator to exceed bid to formaldehyde is not special care about.
Bear the person that hire can be sued remove contract
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Formaldehyde of building of the freely end last year exceeds bid by media exposure hind, freely ever stated, if the client feels indoor air is unusual, they can assist their to make change a room freely or be retreated freely hire, go back cash pledge reachs all chummage that did not happen and service fee. Company interior still has a policy, if discover building formaldehyde exceeds bid, can compensate for hire of a month. Chorion apartment ever also alleged external, if encounter formaldehyde to surpass the case of mark, detect via tripartite orgnaization belong to solid, can retreat hire.
Look however be like the commitment that maintains consumer rights and interests, be in reality and do not have so good. After red package having on Mr Ruan body, undertake complaining to freely for many times and do not have answer, when Ms. Yao asks freely compensates for the hire of a month, the accused knows to compensate for policy to had cancelled. Apartment of chorion of requirement of Xiao Nv person is retreated after hiring, the accused knows to terminate a contract ahead of schedule attribute action of break a contact, the penalty due to breach of contract that wants 2040 yuan to reimburse a company.
If touch on a few small length to hire house operator, consumer dimension authority is more extremely difficult. Once does the small Lin Shen that in channel of Beijing door head some village rents a house have feeling: ? Yuan Jiang of of dredge of new moon of Po of of Da Yi of Gan of of ┏ of at present of Jing of class of pa avarice calls out farsighted of silk of Mendelevium of of Luo Hui raw meat or fish the building of day of?0 of チ of one ancient Xie is unused charge.
In Li Lei brave looks, if hire guest and long hire house operator to exceed mark issue to cannot negotiate processing with respect to building formaldehyde, can undertake through legal measure thought fors the time being. "What formaldehyde exceeds mark to be able to affect a person is healthy, whether has in hiring room contract no matter, qualitative to toxicant content made relevant agreement, bear the person that hire can terminate a contract lawfully, requirement house operator is termless refund. " Li Lei always says, in the contract that rent, long hire house operator to should ensure offerred house is to accord with national security standard, can use normally. When the formaldehyde inside the building exceeds bid, contract purpose cannot come true, had been suspected of break a contact, bear the person that hire can ask to remove of course contract.
"If hire a guest to want to continue bear hire, the charge of the generation such as cleared formaldehyde, answer by long hire house operator to buy sheet. " brave explanation weighs Li Lei, the regulation in contract law, obligation of contract of nonperformance of party one party perhaps fulfills contract obligation not to accord with an agreement, ought to assume continue to fulfill, the responsibility of breach of contract such as take remedial action.
Look in Song Yahui, outside dividing a contract except understanding, bear the person that hire still can ask to grow hire house operator to undertake compensatory. Consumer rights and interests protects code to decide, the goods that operator offers perhaps serves when having fraudulent action, consumer the 3 times debt that seek redress buys goods or can accept service fee. Operator knows perfectly well existence blemish, still offer customer, cause what damage badly, consumer can put forward to punish sexual compensation. "If grow,hire house operator to do not have time in witting building ventilated, existence formaldehyde exceeds the circumstance of mark to fall, still hang out his shingle rental, bear the person that hire can advocate compensation. " Song Yahui says.
Besides long outside hiring house operator, the issue that whether owner needs to exceed bid for building formaldehyde is carried duty? Baochang of Qiu of member of committee of experts of Chinese consumer society expresses, because hire a guest to be mixed directly,grow the contract that hires house operator to sign, debt also is to pay each other, arrive without drag in owner, owner nature need not be carried duty. "This and what intermediary just provides room source information before is between two parties just be different. "This and what intermediary just provides room source information before is between two parties just be different..
Does health damage responsibility by whose quote?
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The reporter investigates discovery, hire a guest to detect after giving the formaldehyde inside house to exceed bid, want to obtain grow the compensation that hires house operator to be not easy thing, even if entered proceeding, lawsuit requests to also be not regular meeting to get supportive.
The reporter learns from net of Chinese judge copy clerk, 2015, after the boarding house that assumes lady and husband to be hired in freely lives for some time, be fastened for acute marrow by diagnose leukaemia (M4) , must the fetal induced labor 6 months. After holding the post of a lady to entrust professional orgnaization to undertake air quality detect to the building, discover, the chroma of the formaldehyde inside the room and TVOC exceeds GB/T18883-2002 " standard of indoor air quality " mark fiducial value. Among them, formaldehyde standard is worth should ≤ 0.1, detect eventuate 0.13. Fiducial value of mark of TVOC of total volatile organic compound is ≤ 0.6, detecting is as a result 0.72.
Hold the post of a lady to think, of two poisonous and harmful material exceed mark and her to suffer from on leukaemia existence is causal, with enroach on life subsequently authority, healthy advantageous position, body counterpoises for dispute, tell catenary home the court, demand the other side compensates for 1 million yuan.
After this case passes the program such as rehear of first instance, 2 careful, application, the court all thinks, the evidence with existing accuser all cannot prove to detect inside its sicken and house the presence of two index chroma that give is causal, rejected the application that holds the post of a lady. March 2017, hold the post of a lady to die.
"Can appear this kind of circumstance, because,be bear the person that hire should assume quote responsibility, the building that should lease with data specification is put in formaldehyde to surpass the case of mark really, show body occurrence problem and formaldehyde have at the same time direct causal. " Li Lei always says, this to bear for the person that hire, not easy, and the court also can have a judge according to control evidence only.
Look in Qiu Baochang, relatively hire house operator at growing, bear the person that hire is in weak force originally, quote formaldehyde exceeds the responsibility of mark to should be not assumed by its. "I think to be able to draw lessons from consumer rights and interests to protect the provision that quote responsibility convert concerns in the law. This law sets the 23rd times, inside proper time, adornment decorates problem of service occurrence quality, offer quote responsibility by operator. Growing rent apartment in this market, criterion should by long hire house operator to assume a proof rental building the responsibility accord with healthy level, letting operator prove him hack building accord with healthy level, reduce with this bear the quote responsibility of the person that hire. " Qiu Baochang says.
Sea of Liu Jun of professor of courtyard of law of Chinese people university is held to this viewpoint hold with a manner, in addition, he thinks, basis " code of civil law " the 64th regulation, when party and its lawsuit agent cannot gather evidence by oneself because of objective reason, the court ought to be investigated collect.
In this case, what the court once let two appraisal orgnaization exceed mark and leukaemia to formaldehyde is causal have identification, but two orgnaizations refuse in order to exceed capacity for limits. Below this kind of circumstance, the court lets hold the post of a lady to assume formaldehyde to exceed there is causal quote responsibility between mark and leukaemia, the concern that company of home letting catenary proves to both exists is very small. Allocate to this kind appropriate, each view is differ. Somebody thinks, appear this kind of problem should be complete by long hire apartment operation to just assume proof responsibility.
Song Yahui thinks, advocates whose quote is the demand with the mainest legislation, but in reality, because be involved much because of different fruit, high-tech, preclinical, cross spatio-temporal, cross the element such as district, accuser normally cannot quote. Below this kind of circumstance, the law of a lot of domains is made revise, will assume quote responsibility by the accused, namely legal responsibility convert.
"The point of view that devises from the system however sets out, once quote responsibility convert can bring very much negative effect. For instance baleful lawsuit, sodden appeal to wait for a problem. " Introduction Song Yahui, if this kind of case is medium quote responsibility convert, can let hire quote pressure decrescent of the guest, want preliminary proof to hired a guest to fall ill in apartment only, long hire house operator to be about to go quote is hired whether is the guest falls ill and indoor air quality concerned, bring about a case so probably to increase in great quantities, the enterprise also is tormented because of what can't bear lawsuit and go bankrupt quickly.
"So, below this kind of circumstance, we can with case for the foundation, carry the kind of typical legal precedent, let judge ground the case of the case, proper allocation quote responsibility. " Song Yahui thinks, this court can proper allocation quote responsibility, it is more appropriate.
Commonweal lawsuit or can dissolve dimension authority difficult problem
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The reporter investigates discovery, although law is right bear the person that hire how dimension authority gave out the answer, but go to what thought fors the time being renting a settle or live in a strange place through legal approach truly very few however.
"Counterpoise besides dimension consciousness is not tall outside, the face involves the consideration of dimension authority cost here. " the explanation weighs Qiu Baochang, generally speaking, the need that rent a settle or live in a strange place grows the cash pledge that hires house operator to return and chummage to may have thousands of yuan only, if pass lawsuit to settle this matter, need spends many time and energy, the loss outweights the gain probably, hire a guest to be able to choose to abandon after considering with all possible means.
To this kind of circumstance, song Yahui thinks, bear the person that hire can be sought through be being complained to consumer society solve. "" top people court consumes statute of comfortable use of civil commonweal contentious case about cognizance the explanation of a certain number of problems " regulation, when the victim that existence cannot check in great quantities, the consumer society of provincial above can replace consumer to mention commonweal lawsuit, absolved the cost that the thought that rent a settle or live in a strange place fors the time being to perplex so. " but Song Yahui points out at the same time, lawsuit of this kind of commonweal can ask the other side stops tort only, and cannot seek redress, "Because law does not have accredit commonweal orgnaization,acquire compensatory right. "Because law does not have accredit commonweal orgnaization,acquire compensatory right..
Song Yahui introduces, be in Chinese Taiwan area, if have the consumer rights and interests of 20 above,get same kind of harm, they themselves can look for orgnaization of a commonweal to undertake the right is entrusted, let commonweal orgnaization replace them to go thought fors the time being, this moment can advocate undertake compensatory. Growing the administrative field that rents apartment, can draw lessons from such system probably.
"Procuratorial work mechanism also can consider to undertake from the angle of lawsuit of environmental protection commonweal thought fors the time being. " Song Yahui expresses, procuratorial work mechanism mentions lawsuit of environmental protection commonweal has been firstly main function, the positive effect that arrives since also is clearly, although still have no the case of lawsuit of indoor environment commonweal now, but it is not OK to be not represented, procuratorial work mechanism can be explored completely.
According to conch academy (academy of original chain home) an issuance data shows, there is 8 million to rent population in Beijing only at present. Face the so giant group that rent a house, it is admittedly important that after occurrence formaldehyde exceeds mark issue, dimension goes counterpoising, but how to prevent beforehand, do not exceed the space that line out shows to formaldehyde, just be the basic standard that solves a problem.
Qiu Baochang thinks, above all, should undertake administrative strictly to obtaining the length that controls a position to hire house operator. "From the point of the current situation that rents the market at present, through development of a few years, a few enterprises are passed ' horse race encircles the ground ' of type buy room source in great quantities, proper to renting the market to obtain control counterpoises, the length that hires a guest to be able to choose hires house operator to be in contractible, room source is to be centered in a few hands more. " Qiu Baochang expresses, below this kind of circumstance, if these big distributors disregard building health quality, not only those who rent a settle or live in a strange place is healthy be browbeaten, can let occurrence wave motion of the whole market that rent more, "Must assure the room source of the line is safety to go up " .
It is reported, in the near future by for many times after exposure formaldehyde exceeds mark issue, freely on August 31 before dawn released room source sky to enrage the acceptance of quality environmental protection, say to will rise from September 1, 9 cities of countrywide are worn to rent first entirely below room source, after waiting for qualification of authoritative orgnaization attestation, go up again frame, future also will assure to add room source newly 100% detect the re-lease after qualification.
In addition, qiu Baochang suggests, in the industry that rent interior should form to offer the consensus of source of safe and healthy room more, do not serve as the cost of gain with the healthy safety of sacrificial consumer absolutely.
In Li Lei brave looks, renting a house is the big question of domain of the people's livelihood, besides hiring a guest to relieve dimension to counterpoise through illicit force, general strength is relieved cannot look on indifferently more, "The government sector should strengthen safe to renting building health administration, those who ensure the building on the market is healthy, safe, is not allow in order to hire healthy condition of the guest as check mark. is not allow in order to hire healthy condition of the guest as check mark..
It is reported, of first state level " housing rents byelaw " in be being made, the building construction standard that will hire a company to housing among them, decorate the respect such as establishment standard and price level to give standard. "I am very expect " housing rents byelaw " come on stage at an early date, be relieved when illicit force only and general strength is relieved not when vacancy, bear the right ability of the person that hire gets ensuring truly. " Li Lei brave says.
