论房屋租赁权的用益物权性质

Usufructuary Right Nature of Right to Lease Houses

民事财产性权利主要包括物权和债权,物权的保护力度强于债权已为众所公认。于是在一定的社会形势下,对于某种法益囿于其债权性质而难以得到有力保护时,物权法可在不违背其法律逻辑的前提下对其伸出援手,即法定其为物权。房屋租赁权长期以来被定性为债权(或特殊债权),但在我国房价居高不下,越来越多人选择租房方式来改善或解决房屋利用问题,应将房屋租赁权提升为一种用益物权,这是目前相关立法的逻辑清晰化需要。

Civil property rights mainly include real rights and creditor＇s rights. It is well known that the protection for the former is more strongly than that for the latter. When a legal interest is difficult to be protected strongly because of its character of creditor＇s rights, the reality of laws can prescribe it as a real right under the precondition of not violating the logic in law. As the right of lease has been considered as one kind of creditor＇s rights （or a special one）for a long time, this paper claims that, when today the house price is so expensive that more and more people select lease to improve or solve their lodging problems,the right of lease should be instituted as usufructuary right, which is not only the necessity of reality but also the requirement of the clarity of the logic in lawo