Research On The Preemption System Of Housing Tenant

China has a Long history of system regarding on pre-emptive right of housing tenant, with the purpose of protecting vulnerable groups and maintaining the stability of the social order, The system of housing tenant’s pre-emptive right has played a catalytic role on economic development, however, with the continuous development of the society, even though the existing system of housing tenant pre-emptive right has made considerable progress, but there are still a variety of legal loopholes, which lead to increasing problems in the judicial practice. Many scholars have questioned the institutional value of the system of housing tenant’s preemptive right. In view of this, this article makes a more comprehensive analysis and argument on the concept of pre-emptive rights of the housing tenant and the nature, the sources of law, the institutional value, the exercise conditions and so on, and raises a concrete case to elaborate the system of housing tenant’s pre-emptive right and point out the problems. Through the analysis to the theory and practice, the article makes recommendations to improve our the system of housing tenant’s preemptive right from the legislative and judicial aspects in order to continue to play its function of the value of legal system.The main content of the article is divided into four chapters:The first chapter, first of all, the article uses the basic concept of pre-emptive as the starting point to define the definition of pre-emptive rights of housing tenant. As for the legal nature of pre-emptive rights of housing tenant, there are many viewpoints from scholars in China. This article characterizes its nature as right of formation. From the study of comparative law, the article makes a short description on pre-emptive rights of housing tenant of our country as well as civil law countries and common law countries. In addition, from the angle of the legal value, combining with viewpoints of our scholars on retention or abolition of pre-emptive rights of housing tenant, the article concludes that there are still grounds of pre-emptive rights of housing tenant to exit.The second chapter, the article focuses on analyzing preconditions, equal conditions and constraints of housing tenant to further clarify the rules of preemptive right exercised by the housing tenant. Also, the article discusses the concurrence of pre-emptive right exercised by housing tenant, the sub-lessee, mortgagee and give solutions to conflict of rights.The third chapter, through specific case of whether the part of tenant has the right to excise pre-emptive right on the whole house, this article uses empirical analysis methods to point out the problem of different outcome of the trial in the judicial practice in China and recommend solutions to the question. The article further explores the various issues of the existing problems in the system of pre-emptive right of housing tenant right and provide perfect idea to the system by the discovery of the problems from three aspects of judicial activity, legislative provisions as well as theoretical study.The fourth chapter, the article put forward suggestions for improvement of pre-emptive rights of housing tenant to avoid phenomenon of different judicial trial, effectively protect the pre-emptive rights of housing tenant through the analysis of the existing problems of the system of China’s pre-emptive rights of housing tenant from the legislature and the judiciary point of view, with the purpose of protecting the legitimate rights of the housing tenant, the maintenance of social order and stability, and this is the realistic significance of exploring of the theory on the pre-emptive rights of housing tenant.