我国租赁合同最长期限制度的反思

Rethinking the maximum term regime for lease contract in China

我国租赁合同最长期限为20年,这一规定逐渐难以满足现实需求。建议遵循我国《民法典》和单行法相结合、一般租赁和特殊租赁相结合的立法思路,按用途把租赁关系分为民商两类,在此基础上完善租赁合同最长期限制度。土地租赁有其特殊性,国有土地租赁最长期限可参照同类国有土地出让的最长期限。

The maximum term of a lease contract in China is 20 years.However,this provision gradually becomes difficult to meet the realistic needs.It is proposed to follow the legislative idea of combining the Civil Code and individual laws,and combining general leases and special leases,and to divide the leasing relationship into civil and commercial categories according to their uses,on the basis of which the system of the maximum term of the lease contract can be improved.Land leases have their own special characteristics,and the maximum term of state-owned land leases can refer to the maximum term of similar state-owned land grants.