Research On The Preemption System Of Housing Tenants In China

Housing tenant right of first refusal this ancient system through the long history of evolution, has become the world most countries or regions of the civil law is generally established by a legal system. Today’s society, with the continuous development of urbanization in our country, the real estate market has become increasingly active, housing tenant right of first refusal dispute increased obviously. For this cause the legal science and practice of discussion and research.Although housing tenant has a right of first refusal system in our country, but because of the very principle of our current laws and regulations, general, lead to local court in the judicial practice "different sentence" connection with the results. Requirement for maintenance principle of the unification of legal system, it is necessary to further perfect the legal system. In 2009, the supreme people’s court on the trial town house lease contract dispute "the explanation of the concrete application of law in article 21 to article 24 for housing tenant right of first refusal made further specific provisions. But there are still some needs to be improved.This article from the concept and characters of the tenant right of first refusal, the paper discusses the legal nature and effectiveness, the tenant right of first refusal under the current legislation and some concrete problems occurring in the process of daily exercise, combined with relevant disputes in theory, put forward their views and Suggestions. This article is divided into three parts of contents:in the first part, the author first of all, illustrates the concept and characteristics of housing tenant right of first refusal, and emphatically analyses the legal nature of housing tenant right of first refusal and effectiveness, through the analysis of the theory point of view, it is concluded that the nature of the housing tenant right of first refusal in understanding; Respectively in the second part, the author talks about the problems of current legislative regulation about the tenant right of first refusal, exercise the right of first refusal under the general case, and exercise the right of first refusal under special circumstances a number of problems; In the third part, the author start from the second part of a series of problems, and puts forward the legislative Suggestions to perfect the system of our country housing tenant right of first refusal and specific measures.