The Organization Of Judicial Decisions Rules And The Theoretical Reflection Of Lease Contract Dispute

With the development of society and the progress of economy, the legal relationship of leasing has caused the emergence of a series of contradictions. Therefore, the lease contract disputes occupy an important proportion in civil cases. On the basis of the relevant research at home and abroad for reference, this paper tries to draw the important issue in lease contract disputes by comprehensively combing the basic condition of lease contract disputes. Then this paper aims to put forward the method to solve the problem as well as the suggestions on how to perfect the relevant legal system of leasing contact by analyzing from the level of theory and the aspect of judicial rules. In this paper, the research methods include empirical research method, literature method, legal interpretation method, method of systematic analysis, method of benefit balancing, method of economic analysis, method of value analysis and method of comparative research.Firstly, this paper retrieves lease contract cases finished by national people’s court between 2013 and 2015 through China Judgements Online. Then, this paper analyses the results from angles of the regional distribution, the distribution of cause of cases and the proportion of the plaintiff identity. Thus, this paper forms the basic condition of lease contract disputes cases and concludes the high frequency words of plaintiff requests. On this basis, by summarizing the high-frequency words, this paper further sorts out the five relevant issues behind the high-frequency words: the conflict of preemptive right between co-owner of the house and lessee, the legal regulation of the right of lease priority, the protection of lessee under the situation of the realization of mortgage, transferring the leasing right and subletting the leasing item and the legal system of leasing residential buildings. Then, this paper respectively analyses the above five issues from the aspects of theoretical discussion and judicial rules. This paper reorganizes the judicial rules of the conflict of preemptive right between co-owner of the house and lessee, the legal regulation of the right of lease priority, the conflicts between the right of mortgage and the right of lease and transfer the leasing right and sublet the leasing item. In the end, this paper compares the conclusion of empirical research based on the data analysis method with the positive law and the theory related to lease and analyses the issue by using theory of civil and commercial law. This paper puts forwards the ideas of solving the five above issues respectively and fulfilling the relevant legislation of leasing contract. In point of the conflict of preemptive right between co-owner of the house and lessee, this paper holds the opinion that it should be clear that the conflict does not always exist and the system of the preemptive right of co-owner when the house is transferred should be established from the perspective of explanation theory. In point of the legal regulation of the right of lease priority, this paper holds the opinion that the right of lease priority should be regarded as contract rights and should be regulated legislatively from the aspects of exercise condition, exercise mode and the way of remedy. In the point of the protection of lessee under the situation of the realization of mortgage, this paper holds the opinion that the right of lease may still exist when the mortgage realizes, which can be proved by interpreting the second sentence of Article one hundred and ninety of “Property Law” and there should be several specific measures such as grace period rules, the right to know and the preemptive right of lessee when the mortgage realizes. In point of transferring the leasing right and subletting the leasing item, this paper holds the opinion that the differences between transferring the leasing right and subletting the leasing item should be clear as well as the adjustment mode of the legal relationship of transferring the leasing right and the system of transferring the leasing right should be improved. In point of legal system of leasing residential buildings, this paper holds the opinion that the relative system of the law of leasing residential buildings should be designed under the legislative purpose of protecting lessees’ legitimate interests and adopt several specific measures of limiting the right of lessors and improving the status of lessees.The research of this paper has realized the comprehensive reflection of positive law, judicial rules and the theory of lease. From the aspects of legal interpretation and legislation, this paper puts forward the outlook of perfecting the relative legislation of lease contract and application of law.