On Premises Lease Disputes Legal Issues

Premises is essential as part of operating capital. Premises lease is done more frequent in the commercial and business activities as a way of its market operations. Today, there are a lot of disputes about the lease premises in the real life and judicial practice in the background of the prosperity market economy. However, there are still many disputes ruled by Civil Law, of which the basic principles rarely apply in all premises lease disputes, due to lack of relevant systems of accumulation and there is no clear legal right to lease the premises into the special norms and judicial practice. In practice, the premises lease rights of the lessee are not given a fair protection due to the lack of the systems and theoretical support, so it's become the key step to establish and improve the premises lease system for Chinese premises rental market's further development.In the first chapter, through a typical business premises lease, reflect the current judicial practice of the premises lease disputes and situation of the administration of justice in China. In Chapterâ…¡. dialysis the focus of the dispute, includes the right of automatic renewal, compensation in refusal to rent and the lessee's sublet right, so that to pave the way for further argument. In Chapterâ…¢. further analysis the legal issues involved disputes, defined the right of estate lease from the concept to the feature and show the contents of the right lease premises. Through analysis of the legal provisions of the lease system, showing the system of leases on empty premises. Then analysis nearly modern countries on leased premises and the legislative and judicial practice scholars theoretical by comparative analysis, especially France, Japan. On this basis, from the fourth chapter on, put forward ideas to the establishment of commercial premises lease renewal system, the establishment of commercial premises leased to and the system as well as equity and commercial establishments agreed scope of business change the system and other aspects of the perfection of commercial premises lease system in China, put forward a systematic and feasible proposals for process of renewal, the rent adjustment mechanism, leasing allows an accurate and qualitative change of business scope and other aspects of scale, aim at providing useful support in judicial practice. Theoretical level, the author hopes to make contribute to the sound theory of Chinese premises lease system.