| With the rapidly development of economy and acceleration of urbanization, large number of population have rushed into the urban.It is realistic choices for more and more people to rent houses, which is due to the enhancement of population mobility and the increase of housing price. As a result of the gradual progress of house tenancy market, house-subletting has become more and more common. There are statutory rules on house-subletting in China, however, they are principal and inoperable. With all the statutory rules on house-subletting taken into consideration, it comes to a conclusion that the rules are based on the interest of lessors, but neglect protecting the interest of subtenants. Subtenants are the users of the house, who have tightly direct contact on the houses and whose interest would be easily harmed in the relationship of house-subletting as well. They are weaker than lessors and lessees whether in the degree of dependence on houses or in economic status. Therefore, the study of the protection of the statutory rules on subtenants'interest in the relationship of house-subletting would be of momentous realistic significance.Regarding the protection of subtenants'interest as the breakthrough point, this paper analyses the inadequacy of current laws in protecting subtenants'interest, and demonstrates how to improve the protection, which aims to contribute to the important improvement in house-subletting laws.This paper consists of four sections, about 32 thousand words.The first section is the overview of private house-subletting statutory rules in the city. This section give an outline of the definition, characteristic and property of the laws, which points out that house-subletting discussed in this paper is only limited to private houses in the city, but does not include rustic and publicly-owned houses. According to different standards, house-subletting can be divided into four categories named agreed and unauthorized subletting, overdue, on time and ahead of time subletting, single and multiple subletting, totally and partly subletting, which firstly foreshadows following discussion of protecting subtenants'interest in different situations, secondly analyses the rights and obligations of every litigant in the relationship of house-subletting and clarifies every litigant's legal status; and finally demonstrates the significance of enhancing the rights of subtenants in house-subletting statutory rules. The second section states the rules and their shortages of current laws concerning protection the rights of subtenants. This section divides house-subletting into two situations to demonstrate it separately: agreed and unauthorized subletting. In the event of agreed subletting, this section pays emphatical attention to the protection of subtenants'interest with termination of the contact, sale of the house and alteration of the house's possession happening. At first, this section lists some examples. Lessors terminates the contract through negotiation or exerting their legal termination rights, and by which this section comments on the lack of current rules in protecting the rights of subtenants. Secondly, this section simply introduces the regulations of lessees'prior purchasing rights, and points out the blank of current laws in the rights. This section also cites two viewpoints about the affirmative theory and the negative theory of lessees'prior purchasing rights, and then this section comments on the doings in judicial practice that negate lessees'prior purchasing rights in order to avoid making things complicated. Thirdly, this section states that alteration of the house's possession does not break subletting regulations, and introduces whether this regulations are suitable for the controversy caused by house-subletting. Moreover this section also show that the court is confronted with a problem that have no law to follow in dealing with similar events. In the event of unauthorized subletting, this section comments on the rules of current laws and their shortage of protecting subtenants'interest. Current laws only stipulate that lessors enjoy termination rights, but do not stipulate the time limit and the way of exerting the rights. As a result, subtenants'interest will have been unstable for a long time. With respect to the legal effect of unauthorized subletting contract, current laws contradict themselves, which leads to more than three theories in theory field:Invalid Doctrine, Effect to be determined Doctrine and valid Doctrine. However, practice field does not have uniform views either, which results in that the same events are condemned differently. Because of this phenomena, subtenants can not credibly anticipate their interest.The third section is to state the improvement of protecting regulations on subtenants'interest when lessors agree to sublet the house.This section and the fourth section are the starting point and ending point of the whole paper. First of all, this section indicates that laws should be established to restrict lessors'termination rights, and when lessors terminate the lease contract with lessees, it should be agreed by subtenants. If not, conventions of terminating the lease contract do not have legal effect on subtenants. Laws should bring subtenants subrogation rights in order to prevent termination rights of lessors, and should explain exerting patterns, procedure and legal consequences of the rights. For another, when lessors sell the houses, lessees own the prior purchasing rights. In addition, laws should fully demonstrate the order of prior purchasing rights of lessees and subtenants, which establishes a common principle that the prior purchasing rights of lessees should be in front of those of subtenants. When the house is partly subletted, lessees and subtenants have the same order of the prior purchasing rights; When the house is subletted to several people, every subtenant has the same order; when multiple subletting happens, former lessees are prior to latter lessees.Meanwhile, the exerting patterns and relief effect of subtenants'prior purchasing rights should be demonstrated as well. At last, in accordance with identities of house vendees, the principle that alteration of the house's possession does not break subletting regulations should also be applied to house-subletting in order to stand up for subtenants'interest. The fourth section is to state the improvement of protecting regulations on subtenants'interest when lessees sublet the house without authorization. This section firstly expound that when lessees sublet the house without authorization, laws should clearly stipulate the validity of unauthorized subletting contract, and should admit the legitimacy of unauthorized subletting contract's validity in the aspect of legal principle basis, financial basis and foreign laws that support the validity of unauthorized subletting contract. Next, laws should set a time limit to lessors'terminating contract rights and should clearly define the legal status of subtenants'when lessors do not terminate the contract. At last, laws should bring revocating contract rights to well-meaning subtenants and simply introduce the condition of exerting the rights.There are two innovations in this paper. First, prior purchasing rights of subtenants are fully demonstrated, and this paper distinguish in detail the order of prior purchasing rights of subtenants in different situations of totally subletting ,partly subletting, single subletting and multiple subletting, which is rarely discussed in other papers; secondly, this paper sets forth to a viewpoint that whether rental price difference should be unceasingly paid when subtenants possess the house in the period of subletting. All the statements in this paper are novel. |
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