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从租购并举政策反思我国房屋租赁权登记的实现

A Reflection on the Realization of Registration of Housing Leasehold in China Based on Hire and Purchase Policy

  • 摘要: 租购并举系列政策引出了租赁权是否具有登记能力,如不进行登记,那么赋予的社会公共服务权利又如何落地生根等问题。房屋租赁权具有强大的对抗效力,其意义在于使承租人拥有相当地位,以便应对权利冲突;房屋租赁权的登记就是实现权利表征方式的最好路径,可以方便为人所知悉,预防潜在交易风险。我国的城市房屋租赁制度的建立和发展时间比较短,现有的法律规范是以行政手段为目标的方式予以调整,影响了房屋租赁登记制度目的的实现。房屋租赁权登记体系亟待重构。

     

    Abstract: The Hire and Purchase Policy leads to the issues of whether leasehold has the ability to register and how is the right of social public service to be rooted if it is not registered. Housing leasehold has a strong antagonistic effect, which makes the lessee have a considerable position in order to deal with the conflict of rights. The registration of housing leasehold is the best way to realize the right representation, which can be easily known and prevent potential transaction risks. China's urban housing rental system has been established and developed for a relatively short time. The existing legal norms are adjusted for the target of administrative means, which affects the realization of the purpose of housing leasehold registration system. Therefore, the registration system of housing leasehold needs to be reconstructed urgently.

     

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