The Legal Analysis Of The TongXin Decoration Company Pre-emption

House sublet has become more and more universal with house rental market developing and flowing population aggravating in recent years. In the rental relationship, the protection of the rights of the sub-lessee who is the actual user and possessor of the house is relatively weak. sub-lessee’s interest is the most vulnerable to abuse. In judicial practice, the case that the sub-lessee require to exercise preemptive right is repeatedly occurred. However, the existing laws about the preemptive right of sub-lessee is blank, which have leaded to the discrepance judgment between the same case. The article will analyze issues related to the preemptive right of the sub-lessee combining with the case of the preemptive right of the TongXin decoration company, hoping to be helpful to properly deal with such cases.The article is divided into three parts:Part Ⅰ:A brief introduction describes the basic case of the preemptive right of the TongXin decoration company case, as well as the two controversy that whether the TongXin decoration company is the legal lessee and whether the company enjoy the preemptive right. Part II:Make legal analysis on the two controversy, combined with the relevant legal provisions and legal theory. Reach a conclusion that the TongXin decoration company is the legal lessee. Second is to demonstrate the reasonable that the sub-lessee enjoy the preemptive right from the value of the preemptive right. Part Ⅲ:This part focuses on disputes in the judicial practice about the preemptive right of the sub-lessee, this chapter relates to some special problems, which include the special character of the obligation to notify of the preemptive right of the sub-lessee and the concurrence.