On The Lessee Preemption System

The house lessee preemptive right is very important in civil legal system；Chinese laws and regulations make many relevant improvements for it in recent years,and these provisions meet the development needs of the community, and stabilizethe economic order and promote physical use. However, many scholars believe thatHousing Lessee preemption system is the principle of autonomy of therestrictions.Preventing the lessor to choose the buyer free. Reducing the efficiency ofhouse transaction. Besides, the principle of “sales not devastating lease to lessee”interests have been protected. Setting the lessee’s preemption of lessee is excessiveprotection. So we should abolish this system.Through historical analysis, empirical research and normative research prioritypurchase right carries on the analysis to our country housing tenant. Starting from thenature of the preemptive right of the lessee, to form the right nature as the researchfoundation, to the right of preemption of lessee, lessor subject range of the notice ofthe time, the "same conditions", the right of preemption of lessee exercise period andso on several aspects in-depth analysis.Finally, this paper puts forward the tenant preemptive right system suggestionsincluding the lessee has the priority to purchase, the lessor "sell" behavior is after therental housing sales contracts were signed with third people,"equal condition" range,including price, payment time, payment method, the lessee pre-emptive exerciseduring that period of exception.