Probe Into Legal Issues On Sublease

With the continuously rapid growth of the economy of our country,lease market,especially,house lease market,also thrives gradually.Due to high price of house,house lease becomes a very important choice of civilians to solve residential problem.However,what is in sharp contrast to the prosperity of lease market is the legislative deficiency of the lease system,especially,house sublease system whose relevant disputes occur constantly.Our country’s civil legislation on sublease is less quantitatively and its provisions are basic,lacking of operability.So,it is very important to study on the legal problems of sublease.This dissertation consists of five parts:The first part is introduction,including the background of topic and research significance,literature review,and research method.The second part is the definition of sublease and its legislative pattern,including the comparison between lease and sublease,and the comparison between sublease and the transfer of leasehold,the legislative pattern of sublease system,and the status quo of legislation on sublease of our country.The third part is the legal problem existing in sublease practice of our country.Based on the analysis of legal nexus among lessor,lessee and sub-lessee,and the definition of the relation of rights and obligations among these three parties,this part puts forward the following problems: validity of sublease contract,sub-lessee’s rights protection at termination of lease contract,and preemptive right in sublease.The analysis of the problems above provides theoretic foundation for the improvement of sublease system of our country.The fourth part is the advice of improving current legislation of our country.Based on the analysis of that three-party legal nexus and the discussion of the problem of sublease system of our country,this part raises legislative suggestion accordingly,mainly including the differentiation of different lease items and lease kinds,the restriction on the right of rescission of lessors,and the improvement of legislation on preemptive right.The fifth part is conclusion.This part makes a conclusion and points out the deficiency of this dissertation.On the problem faced by sublease system of our country and the deficiency of current supervision system,this part advises to improve and revise relevant laws and regulations,and construct and improve supporting mechanism,in order to promote the boom of lease market of our country.