House Lease Legal System Research

Recent years, more and more researchers have focused on the legal system of house-lease. But these research is too theorizes to practices. In view of the fact that the house-lease plays an important role in social life and the number of the dispute about house-lease is increasing, so this paper is based on the angle of how to apply house-lease theory to practices.This paper altogether divides six parts. In the six parts, the author discuss three main aspects, they are: the nature of leasehold,the protection of tenants' rights and interests,the sublet system. The major point is as follows:First, the leasehold in essentially is one kind of creditor right. In order to balance the benefits and maintain social economical relationship stable, the law establishes some protection measures of real right. But leasehold is based on lease contract, protection measures can no be equal to the nature of right itself.Second, the system of No break of lease with bargain and Tenant Preemptive Right can protect tenant's benefit effectively. In this part, author presents some suggestion on how to consummation these system.Third, on sublet our country legislation displays quite conservatively. In practice, sublet does not inevitably bring harm to lessor's benefit. Sublet may cause the house-lease even more flexibility and compatibility. The author advocates to adopt the legislation pattern of" Laissez-Faire theory with condition".Although the author attempts to discuss the subject from both the theory and the practice , as a result of limited research ability, deficient legal knowledge, this paper is very superficial.