| The preemptive right of lessee as a legal right, its purpose is to protect the basic living light and development right of lessee, by limiting the right to dispose of lesser of its property, to honor the "Home Ownership" commitment. However, in China's rapid economic development and the deepening housing reform, driven by the rapid development of leasing industry, many new situations and new problems are emerging, and many new actions come into the field of justice. Because of the differences in the understanding of laws and regulations, local people's courts apply the law in such cases there are different viewpoints, leading to the results of different judges. Therefore, it is necessary to do a study on this system, from the legislative and judicial level, and on the direction of improvement of the system.In the first chapter of this article, the author cited legislation of preemptive right of the world's major countries and regions, summarized the characteristics of legislation in preemptive right and the similarities and differences in different countries and regions legislations. And then the author researched on different theory of nature of the lessee preemption doctrine. The analysis on the nature of preemptive right of lessees is not only for the need of theory research, but also basis for legal practice.The second chapter, the author researched on the laws, regulations and judicial interpretation of our country on preemptive rights of lessees, to figure out the feature of this right and the system of how to use preemptive rights.The third chapter, by several typical case in our country, the author wanted to find some legal problems in the practice of preemptive rights of lessees, such as the right owner and the conditions of using this right.The last chapter, through the foregoing analysis and elaboration of the domestic and international legislation and judicial practice, the author proposed some suggestions for improving the system of the preemptive right of lessees. |
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