Research On Tenant's Preemption System And Application

Tenant's preemption is the particular right of civil legal law. Our national legislative carry through it in the contract law and the other civil laws,but many problems have been arising about the Tenant's preemption since it issued. Consequently, this question set off an animated discussion between the jurists. The core of its theory about the Tenant's preemption now is clear, but our law about Tenant's preemption puts up short and trouble.Tenant's preemption has a long developing process. It begined at the period of ancient Roman. As the society and the law progresses, the legislature enacted the civil legal law, in order to protect the tenant's right and carry out the balance between lesser and lessee. It reflects a kind of concept about virtual impartiality. Our country's legislature enacted the law about the Tenant's preemption after making reference the foreign civil law.Our civil law about the Tenant's preemption at present put up many problems in the appliance. It will damage the civil right of both parties and disturb itself. In law Theory, the conflict between the Tenant's preemption and right in ram arouse the absence of civil right. It is impossible to solve the physical problem by using Tenant's preemption at present. This article is tried to analyze and solve those physical problem s in use.Because the Economic progress and socialist market economy system reach a higher level of development, the question of rental real estate is no longer limited to field of inhabitation and the estate of house for commercial use is growing explosively. And the civil rule of"trade doesn't counterwork tenancy"already existed. it is being a problem if Tenant's preemption should be exist or not .Through the investigation of the Tenant's preemption by jurisprudence and judicatory practice, it Come to a conclusion that the Tenant's preemption are virtually useless .In fact Tenant's preemption couldn't help to solve the housing problem. The writer suggested cancels the system of Tenant's preemption. The writer hopes the article through the discussing of Tenant's preemption promotes a civil amendment and protects the justice of law.