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住宅租户保护:中德民法比较研究
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作者 贝特·格塞尔 马修·维希特 申柳华 《法治社会》 2023年第2期52-63,共12页
住宅租赁法处于合同自由和国家监管之间这一紧张关系的领域。鉴于住房对生存的重要性,供应短缺且紧张的住房市场证明了一定程度的租户保护是合理的,但也应关注其对出租人合同自由的限制。《德国民法典》对德国社会租户的保护,基本上已... 住宅租赁法处于合同自由和国家监管之间这一紧张关系的领域。鉴于住房对生存的重要性,供应短缺且紧张的住房市场证明了一定程度的租户保护是合理的,但也应关注其对出租人合同自由的限制。《德国民法典》对德国社会租户的保护,基本上已经证明了保护公共利益与社会安宁之意义。在中国,虽然近来租房率明显上升,尤其是大都会中心和大城市亦面临住房短缺,但仍缺乏相应的成熟的租户保护规则。《中华人民共和国民法典》大体延续了之前的法律规定,但此方面的规定仍存在空白,应予以填补。现在有迹象表明中国正在努力地加强保护租户的权利。 展开更多
关键词 住宅租赁 租户保护 限制租金 中国租赁法 德国租赁
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Study on the Escape of the Portuguese Leasing in Macao from Chinese Criminal Law and the Governance by the Government of the Qing Dynasty
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作者 Yuanmeng SHI 《International Journal of Technology Management》 2015年第11期93-95,共3页
After the Portuguese leased in Macao in the mid-period of Ming Dynasty, the Portuguese officials here were asked to comply with the law of China more than once. To the Qing dynasty, the Portuguese still stubbornly ref... After the Portuguese leased in Macao in the mid-period of Ming Dynasty, the Portuguese officials here were asked to comply with the law of China more than once. To the Qing dynasty, the Portuguese still stubbornly refused to obey the law of China and often escaped from Chinese criminal law using briberies. In the case about Huiqian CHEN and the processing in the end of 1743, the fact that the Portuguese often escaped from the law of China was changed, and the principle of the Chinese judicial officials about processing the murders about Chinese killed by foreigners was explicitly defined. In this principle, Chinese significant compromises and concessions to the Portuguese were also included, but the criminal jurisdiction was ultimately controlled by the Government of the Qing Dynasty. Thus, the foreign-related criminal procedures conforming to foreign conditions were revised by the government of the Qing Dynasty according to the actual circumstances of Macao. However, the foreign-related criminal procedures revised by the government of the Qing Dynasty were not honestly observed by the Portuguese. After several major cases occurred in Macao, security rules and regulations were further issued by the government of the Qing Dynasty, in which the judicial control power of the government of the Qing Dynasty in Macao was unequivocally stated. 展开更多
关键词 MACAO the Portuguese the Government of the Qing Dynasty Criminal Procedures Judicial Control Power
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