Empirical Analysis Of The Preemptive Right Of Purchase Of The Lessee

The lessee preemptive right system from its birth, has started the sense that gives a person is neither fresh and obscure, jurists attitude is neither focus and attention. But along with the rapid development of economic society in China, the lease beginning, its market's role has also nots allow to ignore, the tenant preemptive problems, a lot of disputes and into the gate judicial. Because it with the people of all of its life, the various feelings always makes us very entanglements. Our law of preemptive tenant gives the respect and attention, to the people's court for trial is over the pre-emptive right after the hearing of the case, although has made some achievements, but also exposed some problems in the practice, in case of judicial confusion faced a series. Therefore, for the vision, judicial decisions in the practice of the lessee preemptive right on the platform system for empirical research, analysis of the problems existing in the practice, and puts forward an effective solution in the end, the lessee preemptive right system to promote good operation in practice is more important theoretic value and practical significance. Text is divided into three parts, a total of about 2 million words.The first part of this text discusses the causes and the facts of the appellant and the appellee Chen XiaoHua Chongqing general cable factory tenant preemptive right of dispute shall be highly generalization, key content involves the first-i tance court trial ascertain facts, Chen Xiaohua in the trial of the first instance, the lawsuit in Chongqing in the trial of the cable factory, the first-instance court decision argued for the appellant and the request, and the main facts and reasons, the appellee on second instance court allege, find out the facts, grounds and the criminal court.In the second part discusses the focus and dispute cases. According to the facts, refining, lists the case, focusing on the focus of the whole house whether enjoy preferential buy right, forced sale mode of the lessee, the lessee preemptive right to exercise the pre-emptive right under the same conditions, the lessee to exercise the pre-emptive right conflicts and someone from four aspects such as balance of focus from theory and judicial practice, the Angle and the lessee preemptive right in the legal theory study on the problems and reasons and different views on this basis.This article discusses the lessee preemptive right part of the judicial relief. The current economic and social development in the background, there have the preemptive right system, further clarified the lessee plus purchase is a statutory right, attach the right conditions to form, and which, and the lessee preemptive right on the legal validity and relief from the lessee, the specific preemptive right infringement of relief when considerations, hypothec person to exercise the pre-emptive right mortgage the lessee, the lessee to protect the pre-emptive right exercise exceptions in the judicial practice analytical and discussed.