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No. 4 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): Li [REDACTED] and Others v. [REDACTED] Management Company (Dispute over Contracts on the Lease of Commercial Premises)— The Center for Comprehensive Social Governance resolved a series of disputes over arrears of commercial premises rent by applying the model texts
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最高人民法院发布第三批6件示范文本应用典型案例之四：李某等与某管理公司房屋租赁合同纠纷案——综治中心应用示范文本“一站式”化解商铺欠租系列纠纷
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【法宝引证码】
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| No. 4 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): Li [REDACTED] and Others v. [REDACTED] Management Company (Dispute over Contracts on the Lease of Commercial Premises) | | 最高人民法院发布第三批6件示范文本应用典型案例之四：李某等与某管理公司房屋租赁合同纠纷案 |
| — The Center for Comprehensive Social Governance resolved a series of disputes over arrears of commercial premises rent by applying the model texts | | ——综治中心应用示范文本“一站式”化解商铺欠租系列纠纷 |
| [Basic Facts] | | 【基本案情】 |
| After purchasing commercial premises at a large-scale shopping mall, Li [REDACTED] and 231 others leased them to [REDACTED] Management Company for operating a shopping center. After the contracts on the lease of commercial premises expired, the lessors including Li [REDACTED] required a 10% increase in rent for renewal of such contracts. [REDACTED] Management Company asserted a decrease in rent on the basis of decline in the operating revenue of the shopping mall. As both parties failed to reach a consensus on the renewal of the contracts, after the negotiation failed, Li [REDACTED] and other lessors reported the situation to the Center for Comprehensive Social Governance of Wuhou District of Chengdu City of Sichuan Province (hereinafter referred to as the "Center for Comprehensive Social Governance") and required that [REDACTED] Management Company should pay the commercial premises occupancy fee. | | 李某等232人购买了某大型商场的商铺后，出租给某管理公司开办购物中心。房屋租赁合同到期后，李某等业主要求在原租金标准基础上上浮10%续签合同，某管理公司则以商场营收下降为由，主张在原租金标准基础上下调租金。双方就续租事宜无法达成一致，协商无果后，李某等业主向四川省成都市武侯区综治中心反映情况，要求某管理公司支付房屋占用费。 |
| [Application of the Model Texts of a Complaint and an Answer] | | 【起诉状、答辩状示范文本应用情况】 |
| After carrying out a thorough investigation, the Center for Comprehensive Social Governance learned that most of the lessors of the commercial premises involved were elderly and they did not appoint agents. For the purpose of effectively guiding such owners in fully and accurately expressing their claims and substantively resolving the conflicts, the Center for Comprehensive Social Governance assigned the judge and mediator stationed at the Center to conduct joint mediation work. The mediator, together with the guiding judge, provided Li [REDACTED] and other lessors with on-site guidance in filling out the element-based complaints for disputes over the contracts on the lease of commercial premises and clarified the core elements such as the contract signing details, the leased subject matter details, the lease term, the rent standards as agreed in the original contracts, and the occupancy fees claimed. After filing out the complaints on the scene, the lessors took a photo of the QR code for a model text and sent it to the lessors' group. The Center for Comprehensive Social Governance also opened a hotline to guide the lessors who were not present in downloading and filling out the model text by themselves. Meanwhile, for the purpose of helping the parties clarify the train of thought and fully expressing their claims, the mediator contacted [REDACTED] Management Company to fill out an element-based answer, laying a foundation for the subsequent mediation. In consideration of a large number of persons involved in the dispute, high degree of correlation, and significant differences between the parties regarding the standards for commercial premises occupancy fees, the mechanism of "exemplary litigation + batch mediation" was adopted to resolve the dispute. Upon batch comparison of the element-based complaints and answer submitted by the parties, the court selected one representative case covering common points of the focal issue for exemplary litigation. After trial, the court rendered a judgment that [REDACTED] Management Company should pay the commercial premises lessors the commercial premises occupancy fees according to the standard of 42 yuan per square meter on a monthly basis. After the exemplary judgment took effect, the mediator sorted out more than 200 pieces of element-based complaints and answers for similar disputes, recorded key information such as rent details and commercial premises information case by case, and compiled a Form for Dispute Mediation Elements on this basis. The mediator promptly clarified that the parties had no dispute over the fact of the occupancy period and the focal issue regarding the standard for commercial premises occupancy fees and the tax-bearing entity. In response, the Center for Comprehensive Governance immediately coordinated with the Tax Bureau to participate in the mediation. Under the overall coordination of the Center for Comprehensive Social Governance, the court, the Tax Bureau, and the mediator conducted an on-site briefing, explaining the law and reasons on adjudication rules and tax-related issues. They also conducted a joint mediation on a batch of disputes, gradually narrowed the differences, and promoted the reaching of a consensus. | | 综治中心经摸排，了解到商铺业主多为老年人且未委托代理人，为更好指导商铺业主全面、准确表达诉求、实质性化解双方矛盾，综治中心指派入驻综治中心的法官和调解员开展联合化解工作，由调解员会同指导法官现场指导李某等业主填写房屋租赁合同纠纷要素式起诉状，逐项厘清合同签订情况、租赁标的物情况、租赁期限、原合同约定的租金标准、主张的房屋占用费等核心要素。业主现场填写完毕后将示范文本二维码拍照发送至业主群，综治中心亦开通咨询热线指导未到场业主自行下载并填写示范文本。同时，为便于当事人梳理案件思路、全面表达诉求，调解员联系某管理公司填写要素式答辩状，为后续调解打下基础。考虑到纠纷涉及人数多、关联度高，且双方对房屋占用费标准分歧较大，故采取“示范性诉讼+批量化调解”机制化解纠纷。法院通过对当事人提交的要素式诉辩状进行批量比对，先行选取了1件能覆盖共通争议焦点的代表性案件进行示范诉讼，经审理依法判决某管理公司按照每月42元/㎡的租金标准向商铺业主支付房屋占用费。示范判决生效后，调解员对200余件同类纠纷的要素式诉辩状进行梳理，逐案记录租金明细、房屋信息等关键信息，在此基础上编制《纠纷调解要素表》，很快明确当事人对房屋占用期限的事实无争议，争议焦点主要为房屋占用费标准及税费承担主体。对此，综治中心立即协调税务局参与调解，法院、税务局、调解员在综治中心统筹下开展现场宣讲，分别就裁判规则、税费问题等方面进行释法明理，对批量纠纷进行联合调解，逐步缩小分歧、促推达成共识。 |
| ．．．．．． | | ．．．．．． |
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