Study On The Preemptive Rights Of Sub-Tenants In Housing Leasing

With the development of the socialist market economy,the urbanization process is accelerating,and the urban population is increasing,but the housing prices are still high,making rental housing the best choice for most people.The growing prosperity of the housing leasing market has led to various disputes,including disputes arising from the sublease process.In this complicated and diversified legal relationship,the current law in China pays more attention to the protection of the rights of the lessor and the lessee.For example,the lessee has the right of first refusal,but the sub-tenant in the legal sublease relationship does not.Empowering the corresponding rights,such as the law of our country does not stipulate that sub-tenants who are more urgent in demand for housing have the right of first refusal.Due to the lag of legislation,courts across the country have different judgments on the case,which violates the principle of fairness and seriously damages the legitimate rights and interests of sub-tenants.The article mainly analyzes and demonstrates the necessity of the sub-tenant of the house to enjoy the right of first refusal and the problems and reasons and construction measures in China.The full text is divided into four parts.The first part introduces the research background and significance of this paper,as well as the research status of the sub-tenant's pre-emptive rights system in domestic and foreign academic circles,and introduces the general research ideas and the structural framework of the paper.The second part discusses the basic theory of the pre-emptive right of the sub-tenant.This part includes defining the concept and meaning of the sub-tenant's right of first refusal and clarifying the nature of the pre-emptive right.At the same time,analyze the value and reasons of the sub-tenant's pre-emptive rights system.That is to say,from the perspective of theory and judicial practice,the reasons why the sub-tenant of the house enjoys the right of first refusal.The theoretical aspects include argumentation from the value of the system,the relativeity ofthe contract,and the interpretation of the meaning of the text;the judicial practice is based on the different judgments of the court to resolve specific cases,and related legislative examples.The third part,combined with the current legal provisions of China,analyzes the status quo of the pre-emptive right of the sub-tenant of the house,such as the lack of legislation,the controversy in the theoretical circle,and the differences in practice.And analyze the reasons for the problems,such as legal lag,the difference in the subjective thinking of the judge.The fourth part is to propose a corresponding solution to the problem.Specifically,it is to legislate to determine the pre-emptive rights and conditions for the sub-tenant of the house.If there is no provision in the legislation,in order to solve the problems in real life,the judicial interpretation and release of the Supreme People's Court in China will be guided by the judicial system.Guiding cases of sexual significance,to guide the trial of similar cases in courts across the country,in order to eliminate the emergence of different cases of the same case.