The Study On The Protection System Of Sub-Lessees' Rights And Interests In Housing Authorized Sublease

The norm of house subletting in current law is mainly designed around the protection of lessor's rights and interests.This design ignores the protection of the stability of the subletting relationship,which brings the risk that the subletting relationship can't be stably maintained.In practice,even in the case of legally subletting,the sub-lessee who has the weakest risk-bearing capacity in the housing subletting relationship is usually the direct bearer of the risk.As a result,the protection of sub-lessee' rights and interests will run into a dilemma.In article,we believe that the solution to this dilemma is to clarify the legal relationship between the lessor and the sub-lessee in the subletting,and to empower the sub-lessee to oppose the lessor directly.Following the ideas above,the main article is analysed and demonstrated through three parts.First of all,we start with making it clear that China's legislation on house subletting should adopt a restrictive legislative model.Under this model,subletting includes legal and illegal subletting,overall and partial subletting,single and multiple subletting,subletting within and beyond the lease period,subletting of movable and real estate.Next,we review and analyse the current law on the protection of sub-lessee in subletting of houses.Firstly,the current law lacks the provisions of the right of first refusal for the sub-lessee,and considering the average economic ability of the sub-lessee,only the right of first refusal system itself is difficult to give full protection over the rights of the sub-lessee.Secondly,the sub-lessee's right to Alternative debt repayment system depends on the right to know,but the current law lacks the guarantee of relevant procedural measures.Thirdly,based on the house subletting system is the relationship between three legal subjects,it should strengthen the restriction on the contract cancellation rights of either or both parties.Finally,here are the suggestions for improving the protection system of sub-tenants' rights and interests.Firstly,based on the fact that the essence of house subletting is the direct use of the lessor's house by the sub-lessee,the sub-lessee and the lessor should have a direct relationship of rights and obligations.Secondly,according to the above conclusion,the sub-lessee's possession of the house stems from the direct recognition of the lessor in a legal house subletting.So even if the original house lease contract is terminated,the second lessee should still have the entitled occupancy of the house for the lessor.Therefore,the lessor's right to claim of returning after the contract is terminated should be restricted.Thirdly,on agreement of canceling contract,in accordance with the principle of not harming the interests of the third party,the lessor and the lessee may be required to terminate the contract with the consent of the sub-lessee as the premise.On legal conditions of cancelling contract,the sub-lessee's right to know should be protected and the right to object should be endued,hence improve the alternative debt repayment system.