群租现象是中国房屋租赁市场近几年所出现的比较严重的问题之一，该现象的产生既有出租方的原因，也有承租方的原因。不文明的群租现象会引发治安管理、消防安全等诸多问题，因此需要对其进行规范。如果规范不当，也可能引发违宪、越权等法律问题。有效治理房屋租赁市场的前提是对各种房屋租赁法律关系进行甄别。就房屋租赁法律关系而言，其应分为私房租赁法律关系和公房租赁法律关系。前者是民事合同法律关系，属于私法自治的范畴，政府干预的范围应当严格限制。而后者作为一种社会福利形式，是对公民基本居住权的保障，政府应当大力干预。廉租房法律关系就是最典型的公房租赁法律关系。群租所产生的权利义务关系本质上是一种私房租赁法律关系，仅仅依靠行政手段硬性禁止难以达到规范目的。之所以出现群租现象问题，关键是政府在公房租赁管理中的缺位，比较典型的就是廉租房政策落实不到位。当低收入群体和特殊困难群体的住房需求不能得到满足，基本居住权得不到保障时，群租便成为他们不得已的选择。因此，群租现象实际上表明了房屋租赁市场的混乱性以及政府管理的错位。
我国房屋租赁市场发展时间较短，政府缺乏相关的管理经验，借鉴房屋租赁市场的外国经验十分必要。其中，德国发展住房租赁市场的作法、法国的廉租房制度、韩国的国民廉租房计划值得我们学习和借鉴。中国的房屋租赁市场是世界上潜在规模最大的房屋租赁市场，如果能够通过有效管理使其有序发展，对中国经济建设的推动作用无疑是巨大而深远的。目前，我们可以通过一些法律方法建设房屋租赁市场：通过实行强制登记备案制度、明确市场租金指导价格、增强现有法律的可操作性等方法加强房屋租赁市场立法；通过规范房产中介、鼓励房地产企业投资经营租赁住房、加强房屋租赁市场的信息化建设、大力发展住房租赁市场的多元化结构、加快推进户籍制度改革、推进廉租住房制度建设等方法完善房屋租赁法律机制，使房屋租赁市场在制度化、法制化的轨道上健康、稳定、快速地前行。
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第1个回答 2008-05-23
The group rents the phenomenon is one which of quite serious issues the Chinese house leasing market appears in recent years, this phenomenon's production already has the hiring side reason, also has rents the side the reason. The uncivilized group will rent the phenomenon to initiate the public security management, the fire security and so on many questions, therefore needs to carry on the standard to it. If the standard is improper, also possibly initiates the violation of the constitution, to exceed authority and so on legal matters. The effective government house leasing market's premise is rents the legal relationship to each kind of house to carry on screening. Rents the legal relationship speaking of the house, its should divide into the privately-owned house to rent the legal relationship and the public building rents the legal relationship. The former is the civil contract legal relationship, belongs to the civil law autonomous category, the government intervention scope must the strict limit. But the latter achievement one kind of social welfare form, is to the citizen basic right of occupancy safeguard, the government must intervene vigorously. The low-rent housing legal relationship is the most typical public building rents the legal relationship. The group rents the rights and obligations relations which produces is essentially one kind of privately-owned house rents the legal relationship, depends upon the administrative method rigidity to forbid merely to serve the standard purpose with difficulty. The reason that presents the group to rent the phenomenon question, the key is the government rents in the management in the public building the vacancy, compared with typical is the low-rent housing policy carries out does not arrive. When the low income community and the special difficult community's housing demand cannot obtain satisfies, when the basic right of occupancy cannot obtain the safeguard, the group rents the choice which then becomes them to have. Therefore, the group rented the phenomenon in fact to indicate house leasing market's chaotic as well as the government managed dislocation. the our country house leasing market development time is short, the government lacks the related managerial experience, profits from the house leasing market the foreign experience to be very essential. And, Germany develops the housing leasing market method, France's low-rent housing system, South Korea's national low-rent housing plan to be worth us studying and using for reference. China's house leasing market is in the world the latent scale biggest house leasing market, if can cause its order development through the effective management, to the Chinese economic development's promotion effect is without doubt huge and profound. At present, we may construct the house leasing market through some legal method: Through implements the compulsion registration to set up a file the system, explicit market rent guiding price, enhancement existing law methods and so on feasibility to strengthen the house leasing market legislation; Through the standard real estate intermediary, encourages the real estate investment in enterprise management to rent the housing, to strengthen the house leasing market the informationization construction, to develop the housing leasing market multiplex structure, to speed up the advancement lateral economic ties reform, to advance vigorously rents methods and so on housing system construction to consummate the house inexpensively to rent the legal mechanism, causes the house leasing market in the institution, on the legalization track the health, stable, to lead the way fast.希望能帮你
第2个回答 2008-05-23
The group rents the phenomenon is one which of quite serious issues the Chinese house leasing market appears in recent years, this phenomenon's production already has the hiring side reason, also has rents the side the reason. The uncivilized group will rent the phenomenon to initiate the public security management, the fire security and so on many questions, therefore needs to carry on the standard to it. If the standard is improper, also possibly initiates the violation of the constitution, to exceed authority and so on legal matters. The effective government house leasing market's premise is rents the legal relationship to each kind of house to carry on screening. Rents the legal relationship speaking of the house, its should divide into the privately-owned house to rent the legal relationship and the public building rents the legal relationship. The former is the civil contract legal relationship, belongs to the civil law autonomous category, the government intervention scope must the strict limit. But the latter achievement one kind of social welfare form, is to the citizen basic right of occupancy safeguard, the government must intervene vigorously. The low-rent housing legal relationship is the most typical public building rents the legal relationship. The group rents the rights and obligations relations which produces is essentially one kind of privately-owned house rents the legal relationship, depends upon the administrative method rigidity to forbid merely to serve the standard purpose with difficulty. The reason that presents the group to rent the phenomenon question, the key is the government rents in the management in the public building the vacancy, compared with typical is the low-rent housing policy carries out does not arrive. When the low income community and the special difficult community's housing demand cannot obtain satisfies, when the basic right of occupancy cannot obtain the safeguard, the group rents the choice which then becomes them to have. Therefore, the group rented the phenomenon in fact to indicate house leasing market's chaotic as well as the government managed dislocation. the our country house leasing market development time is short, the government lacks the related managerial experience, profits from the house leasing market the foreign experience to be very essential. And, Germany develops the housing leasing market method, France's low-rent housing system, South Korea's national low-rent housing plan to be worth us studying and using for reference. China's house leasing market is in the world the latent scale biggest house leasing market, if can cause its order development through the effective management, to the Chinese economic development's promotion effect is without doubt huge and profound. At present, we may construct the house leasing market through some legal method: Through implements the compulsion registration to set up a file the system, explicit market rent guiding price, enhancement existing law methods and so on feasibility to strengthen the house leasing market legislation; Through the standard real estate intermediary, encourages the real estate investment in enterprise management to rent the housing, to strengthen the house leasing market the informationization construction, to develop the housing leasing market multiplex structure, to speed up the advancement lateral economic ties reform, to advance vigorously rents methods and so on housing system construction to consummate the house inexpensively to rent the legal mechanism, causes the house leasing market in the institution, on the legalization track the health, stable, to lead the way fast.
