Research On Protection Of The Right Of First Refusal For Housing Tenant

House lessee's preemptive right is the priority right to conclude treaties which is mean to protect the stability of tenant living condition. From the birth of the right to today, the protection of the tenant right of first refusal in the legislation and the judicial practice are not always the same. The birth of the tenant right of first refusal was based on its specific historical background. With the change of social demand and market situation, the protection for the tenant right of first refusal is changing. There are specific changes in the judicial interpretation and the judicial practice. In order to solve a series of problems produced by the tenant right of first refusal in the new social environment, fundamental changes had taken place in the judicial interpretation and judicial practice.However the changes of the social objective background happened is so huge that there are still many significant problems in the protection of the tenant right of first refusal. This article analyze the problems of pre-emption rights protection, and it is going to predict that in the foreseeable future the lessee right of first refusal will face the fate of abolishment. This paper mainly divided into the following five parts:The first part is the introduction. This part mainly introduces the background and significance of paper title, and the innovation of the content and the legal analysis method.Also, this part will discusses the deficiencies of the paper.The second part is about foreign laws and legal concept.In the paragraph of "the global practice", the point of view of " seting up the tenant right of first refusal is the international practice" will be rebutted. Then this section would disscus the influence of the foreign legal concept had on the the establishment of the tenant right of first refusal in our country.The third part mainly elaborates the background change of the tenant right of first refusal. Firstly, this part will introduces the specific background, which the right is based on. Then, the article will discuss the changing needs of society in the new period, and the impact of these changes on the lessee preemptions.The forth part is mainly about the judicial protection for tenant right of first refusal. This paragraph is the key point of this article. This section mainly discusses the protection of tenant right of first refusal in two aspects,which are judicial interpretation and judicial practice. First of all, this section will introduce the lessee the protection of the right of first refusal, from the perspective of the judicial explanation of supreme court. The main trend of development of the judicial interpretation is the weakening of protection for tenant right of first refusal. In 2009, housing rental judicial interpretation had been issued. After the judicial interpretation had been issued, how the court protect the tenant right of first refusal will be stated in this section.The fifth part mainly focus on a series of questions faced by the tenant right of first refusal protection. In the problem summary part, it mainly includes a sampling of the four serious problems. And in the last part, the overall evaluation would be made, which is based on the listed a series of problems and the trend of the right is weakening. From the following ending, the article would give some suggestions on these problems from different aspects.