China Housing Tenant Right Of First Refusal System

As the house prices are rising these years, however the Indemnificatory housing consists of low-rent housing, affordable housing and policy-regulated rental housing,but it can not control the high prices of the house,so renting a house is the only choice to some people. someone wants to rent a room may not for living ,they wants to make a business in this house. With time passing,the permanent address is becoming a gold-lettered signboard,the guests may remember the address,but can not remember the name of the shop,so it is easy to know why some lessee want own the house of themselves. However, although China's current law has made provision for the right of preemption of lessee, the provisions of law are excessively general and lack of operability, so that there are many disputes and difficulties in judicial practice and the application of law is not uniform. Academics have divergent views on how to improve the legal system of lessee's right of preemption and don't reach a unanimous conclusion.The Supreme People's Court's interpretation about a number of issues of specific application of the law on the hearing of urban housing lease contract dispute cases "( Judicial Interpretation [2009] No. 11) has come into effect since September 1, 2009 and also refined and enriched the article 230 of " Contract Law ", hence the right of preemption of lessee in China has made a great breakthrough and entered a new stage of development. . The article is divided into six parts. The first part is an overview of the right of preemption of lessee , in which I formulated the definition and origin of the right, introduced China's relevant legislation; The second part ,I studied the theory of the preemption right ;the third part ,I discussed the legal character of the right, studied its value;The fourth part,I studied the legal force of the new article.The fifth part,I believed it was unwise to abolish this article at this stage;The sixth part is conclusion, in which I put up with new ideas about how to improve the legal system of lessee's right of preemption through comprehensive analysis and investigation.