The Lack Of Legislation And Juical Interpreation Of Relief To Systerm Of The Priority To Purchase Of Renter

In recent years, the system of the priority to purchase of renter has been widespread concern, but there is no uniform understanding of its academics, legislators did not clear its attitude, leading practitioners of all cases appear the phenomenon of the sub- . Historically, the system of the first right to buy has been existed in Roman times ,and the system has appeared in China during the Tang Dynasty, after undergo a thousand years of ups and downs through the 20th century , the system of the priority to purchase of renter began to rise . Now, in China, the research and practice of the system of the priority to purchase of renter have made some achievements, but also accumulated some experience. However, with the development of social productivity, and the acceleration of the process of the rule of law, there are more and more restrictions on the development of the system of the priority to purchase of renter, because of it is imperfections and the illegibility of relevant laws and regulations. In China, the main law of the preemption system is "Contract of the people 's republic of china " and "Supreme People's Court on the implementation of some issue (for trial implementation)", but it has little content, sets not details and lack of operational law."Contract of the people's republic of china " at 230 pairs made some substantive changes about the provision of the system of the priority to purchase of renter in "Supreme People's Court on implementation of the some issue (Trial)" section 118. Because of this modification changes the nature of the system of the priority to purchase of renter and the debate in the academia and the mixture on the application in the practical area, there is a negative effect of it, and therefore unreasonable. To do this, you can compensate thinning and clear the legislation omissions and ambiguities thorough the future judicial interpretation.The full-text is divided into seven parts:Part I: From the changes in "Contract Law" Article 230 about "the views of the people through" in section 118, introduces the changes of legislators on the two basic concepts .Part II: Introduction of the legal value of the priority to purchase of renter.Part III: Analysis of the three pre-emptive mode about the priority to purchase of renter. From the lessee priority conservation mode, lessor priority to the protection mode and third priority to the protection mode, analyzed it's existed reasons and contradictions.The fourth, fifth and sixth parts: From the there angles of the reasonable expectations from clients, resource allocation, transaction costs respectively, indicate the affect of the system of the priority to purchase of renter.Part VII: Put forward the suggestion to the judicial remedy about the priority to purchase of renter.