The Research On The System Of Preemptive Right Of Lessees

The study on the corporation civil right capability system is of great significance todeepen understanding civil subject system, as it’s the foundation of corporation system.The research on corporation civil right capability in the ancient of Chinese literature islively and extraordinary, including sophisticated thinking to inspired people. The authorwants to be benefit of the research through summarized all the character’s viewpoints atall times and in all countries, and proposed her own opinion based these.This paper proves the continuity between the civil right capability and personalityfrom study on the concept, the origin and historical development of the civil rightcapability system, to demonstrate the essence of the corporation civil right capability. Atthe same time, the author proposed the value of this system and opposed abolitionviewpoint, through introducing its ideological foundation.In the second part, the author attempts to prove the identicalness and equalitybetween the corporation civil right capability and natural person civil right capability,from contrasting their legal status, the condition of creation and termination,responsibility and scope; through the introduction on the theories of constraints aboutit,discussion on their bad-mouth, and introduction on the legal origin of the equality ofcorporation civil right capability, the author gets the conclusion of equality in civil rightcapability between corporations.In the third part, the author focuses on the relationships between corporation civilright capability and other related systems. At first, the author introduces the relationshipbetween the independence of corporate personality system and the limited liability ofshareholders system. The two have the same purpose of creation and historical origin,and the company loss one party will cause the other party’s loss. But the two systems areof different emphasis, the former mainly solves issues about corporation’s legalqualification as the civil subject, and the latter mainly solves issues about the groupsand members how to bear the foreign responsibility. Then the author introduces therelationship among the corporation’s personality, the personal rights of the corporationand Non-Pecuniary Loss Compensation. The corporation civil right capability isdistributing the rights and obligations. It bears the specific rights and obligations. Whilethe corporation’s personal rights are specific ones, which must bound to the corporationcivil right capability. At the same time, the corporation’s personal rights protect the corporation civil right capability from expropriation and deprivation. The author thinksthat the existing property relief ways are insufficient to protect corporation’s personalrights, legislation and judicial practice on it in our country is also not optimistic. Basedon this, the author suggests establishing Non-Pecuniary Loss Compensation, andclearly defining the types of corporation’s personal rights and non property damage.As the corporation civil right capability system involves many complex issues,besides the author’s education is limited, so her research on these issues can be only putaway the cup after taking a tiny SIP. She wishes that teachers generous with theircriticisms, and the author will also be deep research on the corporation civil rightcapability issues in the future.