Research On House Subleasing Issues

Since reform and opening up, China has gradually transitted fromthe highly centralized planned economic system to a dynamic system ofsocialist market economy, the development of market economy inevitablycontributed to the prosperity and population movements in the market.With the rapid development of economy and speed up the process ofurbanization, leasing market has become not only an important pillar ofeconomic development, but also the platforms of economic and socialentities, work, study, business and lives. In the relationship of leasingcontracts, the disputes inevitably happen. Subleasing dispute is more complex and representative of the many leasing disputes. Compared witha rich variety of complex and emerging social issues, law is relativelyabstract and delays.. This article firstly analysis the sublease law inChina and compare with national sublease law, then discusses some legalissues on housing subleasing law, in order to further improve the housingsubleasing legislation, and help people live and work in peace, economicprosperity, social harmony and stability.The article is divided into five sections，the first part is introduction,through elaborating the leasing is important and universal for productionand living in today’s society, and elaborating subleasing disputes of themost complex and typical disputes of leasing, emphasize it’s necessary toimprove the house subleasing legislation.The second section describes the concepts and theoretical foundationof house subleasing. Firstly proceeding from the house leasing, expoundthe concept of leasing contract characteristics and related rights andobligations of the main Parties, Then explain the concept of subleasing,compare the subleasing and transfer lease right and general leaserelationship, and analysize the different categories of lawful subleasingand illegal subleasing. The third part of the collection set out in detail various types oflegislation on housing subleasing in China, from the laws and regulations,judicial interpretation, administrative regulations and departmentalregulations and local laws and regulations, by different perspective, topresent the house subleasing.The fourth part explains the different attitudes of other countries forsubleasing legislation from three different legislative mode of subleasing,and Combined with country–specific to analysize of the specific articleson subleasing. Learn from other countries’ good legislation andregulations of subleasing, and enrich the subleasing legislative system inChina.The fifth part, combined with practical examples, express thelegislative and judicial interpretation of our current house subleasingwithout express agreement or related issues, although those issues arelikely to occur, and there were differences opinion, in order to improveChina’s legislative system on house subleasing.At the end of the article confirms my country’s achievement of housesubleasing legislative, and learn the excellent experiences of othercountries for reference, improve the subleasing legislation sublet from practice and constantly, to make people live and work happily, continuedeconomic prosperity, social harmony and stability.