In Research Of Preemption Right System In Our Civil Law

The right of preemption,also called preemption,is a basic system in our civil law.Its legislative aim is to protect the safety of transactions.Regarding to the weigh of legal interest,we choose sacrificing the stabilization of static transaction in order to realize the security of dynamic trade.The provision of preemption is yet insufficient,which needs us to plug the system loophole.First of all,through the exposition about the historical evolution,concept definitions and system values of the preemption right system in our civil law,in order to understand and grasp the preemption right system in our civil law from a macro perspective and lay a theoretical foundation for further study.Then,mainly analysis the legal condition of our preemption system,discuss the existed problems in practice and state the social values,system values,nature of right and the classification of preemption right based on introducing the concept,generation and development of preemption in our civil law,which in order to define the significance of preemption right system.Moreover,the essay discusses the legal legislation of preemption right in our civil law,to elucidate the existed problems and to summarize the main issues that we need to improve in our preemption right system in China.By analyzing the relevant laws of the preemption in Germany,Japan and China's Taiwan region,to compare the deficiencies in related system.Through the controversial problems,we need to learn from the overseas outstanding legislative cases,and combine with our judicial condition and trading habits to put forward a legislative consummation,and the solution of how to get judicial remedy in preemption right system.Combine with the provisions of the“General principles of civil law”,the essay put forward a specific legislative proposals,and hope to improve the preemption right system in our civil law.