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随着房屋租赁市场的不断发展,对承租人的特殊保护与对第三人交易安全保护之间的冲突日益凸显,为了寻求对两者保护的平衡,即在给予承租人特殊保护的同时,还要考虑到保护第三人的交易安全,进而维护社会交易秩序的稳定,迫切需要完善我国房屋租赁登记制度。但我国现行的房屋租赁登记备案制度被赋予了浓厚的行政色彩,更像是一种行政管理手段,不能在民事领域中影响当事人的权利义务关系,因而不能起到对当事人办理房屋租赁登记的激励作用,导致现实生活中房屋登记率明显低下。因此本文即是笔者针对将我国房屋租赁登记制度由行政领域转向民事领域的必要性问题进行探讨,并对我国房屋租赁登记制度在民事领域的适用中需注意的几个问题进行梳理。
With the continuous development of the housing rental market, the conflict between the special protection of lessees and the security of third party transactions has become increasingly prominent. In order to seek a balance between the two protection measures, that is, while giving tenants special protection, To take into account the protection of third party transaction security, and thus maintain the stability of the social transaction order, there is an urgent need to improve China’s housing rental registration system. However, the current system of registration and filing of housing rental in our country is given a strong administrative color, more like an administrative means, which can not affect the rights and obligations of the parties in the civil field and thus can not serve as an incentive for the parties to register for the rental of their houses Effect, resulting in real life housing registration rate was significantly lower. Therefore, this article is the author of my home rental registration system from the administrative areas to the necessity of the civil area to explore, and to our country’s housing rental registration system in the civil area should pay attention to several issues to be sorted out.