| The house tenant's right of preemption that is in the relationship of the rental house, according to the law the tenant enjoyed by, when the lessor sells the house to the third party, to give priority to the tenant purchasing at the same conditions.? It represents one kind of civil privilege, which has been made clearly by China's Contract Law. In recent years, along with the development of our country's real estate, house business is common day by day, then questions on the house tenant's right of preemption gradually hastened, bringing on massive disputes. Therefore how to improve and perfect the law system of the house tenant's right of preemption, either in the theory or the practice, both have great significance. The paper is based on the research of the essence and values of the house tenant's right of preemption, explores the application and legal effect of the house tenant's right of preemption and so on. The author inspects the legislation purpose of the house tenant's right of preemption and the needs to protect the security of the transaction, insists that the house tenant's right of preemption as a civil law system, in our current situation, has the necessity of existence. But when we protect the interests of the survival of the lessee, at the same time, the interests of the third parties and the lessor should also be considered. Therefore, we should take the necessary legal restrictions on the house tenant's right of preemption under the traditional protection of the interests of the lessee. In view of this article that is in order to understand and apply the right better in the justice practice, based on the existing laws and regulations and judicial interpretation, the author analysis the lack of the law system of the house tenant's right of preemption, to submit detailed comments to application of the law and related legislative proposals, in order to improve the law system of the house tenant's right of preemption in the future Civil Code.
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