The Purchase Option Of Lessee

In recent years, along with comprehensive popularized commercializationof housing, some scholars think that the lessee’s right of preemption systemhas lost its economic value and social value, therefore advocated for theabolition of the right of preemption of lessee system. In contrast, some otherscholars advocate the retention of this system. But in the judicial practice, it isrelatively common that such cases are some not the same sentenced.However, the right of preemption of lessee system has great social value,in our country’s legislation and judicial practice, it has been highly valued, andthe lessee’s right of preemption system has also obtained better progress.Although the legislative regulations is not perfect yet. But, we should see thelessee’s right of preemption system’s value and social economic and culturalcondition is on the system demand.In view of understanding inconsistencies of the academia on the lessee’sright of preemption system and produced the abolition of a point of views, thisarticle intends to study the necessity of retaining the system, to comb thecharacteristics and the nature, and further the development and improvementof thinking, and put forward some perfect suggestions.The first part is the necessary investigation of the lessee preemptionsystem to retain. The waste theorists hold grounds are the main lines, it goesthrough the understanding of the lessee’s right of preemption system historyevolution, analyze its consistent with the historical stages of social objectivedemand characteristics, and get to know that it can reduce transaction risk,and make the leased object utility maximize value. At the same time, it trulyreflects the essence of civil justice, equality and freedom principle, and itspractice of vulnerability is not unified, imperfect legislation led directly to the. Accordingly, we should continue to maintain and further improve the system.The second part is the overview of the lessee’s right of preemption system.According to the inconsistent condition of the theories on the lessee’s right ofpreemption system recognize, the article is to comb the mainstream view of itsconcept, characteristics and nature of the system, analysis and summary ofand make my own definition.The third part is the thought of the right of preemption of lessee’sdevelopment and to perfect system. In view of the current law and judicialneeds to solve variety problems, from China’s national conditions, combinedwith China in the design of the system on the edge, to take all provisions of thedirector, on the right of preemption of lessee system further refinement, toperfect the system, put forward some immature thoughts. In the specific designof the system, the lesser shall inform the duty of" reasonable period of time","notice"," the contents of the notice " and other standards to define; the lesseepre-emptive exercise substantial requirements of" equal" are defined; on theright of preemption of lessee exercise body interpretation and so on.In the conclusion part, it summarizes the full text.