The Legal Protection of the Preemption Right of House's Actual Tenant

In China,the Law of Contract and the related judicial interpretations have clear indications on protecting the preemption right of house' s lessee,but did not provide the instruction on exercising the preemption right after sublease,thus result in the theoretical disagreement and confusion in judicial practice.The object of notice obligation should be the lessor of leasing contract but not the lessee of subleasing contract,and the subject of notifying should be the real lessee.In the case of the lessee subleasing different parts of the building to several sub-lessees,or the lessee occupying partial building and subleasing the rest part of the building to sub-lessee,if the building could be separated into independent parts,exploited separately and registered for the property right,then every real lessees owns the first refusal to purchase the part of the building he/she rented;if the building can not be separated into independent parts and exploited separately,or the lessor sell the building as a whole,then all real lessees should negotiate or bid on the entire building.However,for protecting the interest of the property owner,the bidding should take the purchasing price of the third party as the bidding basis point.