中韩租赁制度比较探讨[韩语论文]

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衡宇租赁司法轨制作为我公民商法中的一个主要轨制,其设计公道与否直接关系到租赁两边当事人的权益。今朝,在我国低支出家庭在社会中所占比例依然很年夜,他们有力购置衡宇只能采用租赁情势来处理住房须要。因为衡宇承租人常常处于经济上的弱势位置,其在衡宇租赁中的权益更容易遭到损害,详细表示为:承租人轻易遭到出租人的不法驱赶,招致其生涯不稳固,同时也将作用社会安宁。而今朝我国在衡宇租赁方面的司法划定还比拟粗拙,依然存在很多与理论脱节的处所,并且对承租人权益掩护的存眷仍显不敷。本文将采取比拟研究的办法,对中韩两国的住房租赁轨制停止比拟,并找出其差异点;同时自创韩国对承租人权益掩护的先辈经历对我国衡宇租赁方面的司法轨制停止剖析,并指出今朝我公法学对承租人权益掩护的缺乏,进而提出立法上的建议。本文分为六个部门。第一章是绪论。本章中重要对本文的研究目标、研究规模、及研究办法作了简略的归纳综合,韩语论文题目,并对文章的写作初志停止了引见。第二章对衡宇租赁轨制停止了引见。这一章重要从衡宇租赁的概念、特点、类型及国外立法规等方面动手,从而对衡宇租赁轨制有了一个较客不雅的熟悉。第三章与第四章分离对中韩租赁轨制的内容、性质、实用规模、成长进程及成长趋向停止了阐述;从而对中韩住房租赁掩护法有了一个整体上的熟悉。从而为第五章中韩租赁轨制比拟剖析,停止了实际铺垫。第五章作为本章的重点,联合第三章、第四章中对于租赁轨制的阐述对中韩两国的住房租赁轨制停止了比拟剖析,韩语论文范文,从而找出了两国住房租赁轨制方面的的配合点与差别点,并在自创韩国住房租赁掩护法的基本上,在必定水平上提出懂得决成绩的办法,提出了几点浅易的建议。第六章作为本文的结语部门指出了今朝我国住房租赁轨制的缺乏,并建议公道运用韩国对住房租赁轨制的先辈经历,用以专门掩护住房租赁关系中两边当事人的权益,最初对我国衡宇租赁方面提出立法上的建议,并对全文在实际长进行了总结阐述。

Abstract:

The lease legal system as an important system of our citizens in commercial law, its design is reasonable or not directly related to the rights and interests of the parties on both sides of the lease. At present, in the family of low expenditure in China accounted for the proportion in the society is still very big, they can only use the purchase of housing rental strong housing need to deal with the situation. Because the lessee Heng Yu often in a disadvantaged position in the economic, their interest in Heng Yu leasing more vulnerable to damage, a detailed representation: the lessee easily by the lessor's illegal driving, incurred his career is not stable, will also affect the social stability. At present, our country in the lease of law is still relatively coarse, there are still many out of line with the theory of the premises, and the tenant rights protection concern is still not enough. This will take comparative studies of the way, to China and South Korea housing lease rail system to carry on the comparison, and find out the differences and similarities; also created South Korea to lease the ancestors of the human rights protection experience of China Heng Yu leasing judicial rail system to carry on the analysis, and points out that today I public law lack of tenant rights protection, and puts forward legislative suggestions. This paper is divided into six departments. The first chapter is the introduction. This chapter is important to this research goals, research methods and scope of the study, as a simple generalization, and the writing Chuzhi introduced. The second chapter has carried on the introduction of the lease system. This chapter mainly from the concept, characteristics and types of the lease and foreign legislation regulations and other aspects, in order to house rental system has a more objective understanding. The third chapter and the fourth chapter separation system of China and South Korea rental properties, content, size, growth process and practical trends were discussed; and the rental housing protection law of China and South Korea are familiar with a whole. Which is the fifth chapter comparative analysis and lease system, stop the actual. In the fifth chapter, as the focus of this chapter, joint third chapter and the fourth chapter in the lease on the rail of exposition of China and South Korea housing lease rail system stopped comparative analysis, in order to identify the two housing lease rail of the common ground and the differences, and in South Korea, "live rental mask on the basis of law enforcement", to a certain level proposed knew he must score the way proposed several simple suggestions. In the sixth chapter, as the conclusion part pointed out the current our country housing lease rail system deficiency, and suggest reasonable application of South Korea experienced to the ancestors of the housing lease rail system, specifically to protect the rights and interests of the housing lease between the parties, initially on China Heng Yu lease provided a legislative proposal, and the full text in the actual length are summarized.

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