Housing Tenant Right Of First Refusal System Research

Housing lessee right of pre-emption system is a civil right of pre-emption system, which is considered as an important Chinese long-established civil legal system. But China's "General Principles of Civil Law," "contract law", and other existing laws and regulations on housing tenant's right of pre-emption in the elements, exercise, the exercise of the provisions of results are rather slipshod, on the rights of nature, there are many differences between the effects of awareness and understanding of the judicial system in practice and the application is also more difficult. Author made a more comprehensive study from the theoretical level to the system level issues related, and gave some suggestion about how to strengthen and improve our housing tenant right of pre-emption system of legislative proposals. This paper mainly analysedand exposited the housing tenant right of pre-emption system in three aspectsThe first part of the article discussed the housing system lessee basic right of pre-emption theory. That part defined the concept of housing tenant right of pre-emption and housing tenant right of pre-emption of the legal nature and value system. The so-called right of pre-emption is that in the same conditions the lessee housing lessor has the first purchase of leased housing right in the lease contract period of betraying rental housing, as the lessee in accordance with the civil law of the main provision. Juristed from the point of law the housing tenant right of pre-emption is the right to be looked forward and the right to form; A property of the right. Conditions for formation of the right, the right to request that the Property Rights are untenable in theory. I used economic and legal analysis methods to discussed the value system of housing tenant right of pre-emption, housing tenant right of pre-emption ,which maximize the economic benefits, reduce transaction costs and conduct stable economic order. This modern property rights system fits the development trend and reflects the effectiveness of the priority interests.The second part of the article studied the lessee Preemption Housing Construction of the system.Based on our statute law and judicial interpretation it analysed from the perspective of Chinese and foreign, the exercise of the right of pre-emption housing tenant, the exercise period and exercise restrictions, housing tenant right of pre-emption the effectiveness of the right of pre-emption right to housing tenant conflict.The third part of the article discussed China's housing tenant right of pre-emption system deficiencies and improve the legislation. It also analysed that China's existing system of housing tenant right of pre-emption has no real sense that the institutional framework and lack workability, and that the right of pre-emption to protect the lessee liable is difficult to achieve. Based on the necessity of housing tenant right of pre-emption system ,it is necessary to play its due role to be their perfect housing tenant right of pre-emption to show their value system and to balance the interests of all parties, at the same time it will become more workable.The author not only affirmed the basis of the existing legislation of china,bat also made the legislative proposals on the right of pre-emption system of china refering to foreign legislative houing tenants.