Research Of Housing Tenant's Pre-emptive Right

The research of housing tenant's pre-emptive right originates from a civil adjudication of the intermediate people court of Nanping ,Fujian province(PRC).This adjudication draws the author interest about the nature ,legal effect and excise of housing tenant's pre-emption system .After reading articles at home and abroad,and thanks the help from my tutor the author wrote this paper.The first part is about the nature of housing tenant's pre-emptive right .For this system the judiciary has always been controversial for its nature research and didn't stop exploring .The newest judicial interpretation maked by supreme people court hasn't solved this issue yet .For this reason,the author would like to draw a new conclusion different from the original conclusion which just singly identifies the nature of housing tenant's right of pre-emption ,claim that we should identify the nature of housing right of pre-emption according to different station.The second of this chapter ia about the legal effect of housing tenant's pre-emptive right .The legal effect of the preemptive right of lessee is mainly reflected in both internal and external effect .Personal effect and the effect to subject matter are the subject of this article.The third part of this chapter is about how to excise of pre-emptive right of tenant .Pre-emptive right of tenant can only be excised the period when the house has been rented.The tenant must buy the house in"equal term".Excise period and excising methods of pre-emptive right of tenant shall be regulated to whether the lessee assumes his obligations.