The Theory Of House Lessee's Preemptive Right

Recent years, as continuous acceleration of Chinese social and economicdevelopment, the rapid urbanization advancement, and the prosperity of real estatemarket, the housing price increased steadily and tended to increase higher. Although theincome level of residents is improving, it is still a drop of the ocean towards theincreasingly housing price. It is still a dream for most common citizens to buy their ownhouses. While residence is the rigid demand for people, many citizens have to live in therental housing under the pressure of high house price. Therefore, the preemptive right ofthe lessee system draws much more attention.However, the regulations about the preemptive right of the lessee system in ourcountry law are not perfect. There existed weak operation during the judicial practice,and even occurred some phenomenon of different judgment results towards the samecase, which is not only good to protect the party’s legitimate rights and interests, butalso affects the stability of law. Faced with the more and more disputes of thepreemptive right of the lessee system during the practice, the improvement andperfection of whose legal norm is of great significance.In this essay, the author begins with the definition and features of the preemptiveright of the lessee, combining with its legislation of different countries, illustrates itsexisting value. After that, I define the nature of the preemptive right of the lessee inorder to study its efficacy. Finally, I focus on discussion aimed at its present legislationin our country in order to put forward suggestions to our country the preemptive right ofthe lessee system.