The Study Of Lessee Preemption System

Article 230 of the "Contract Law of the People's Republic of China" is a general provision of the lessee's preemptive right system.With the vigorous development of China's housing rental market,especially in recent years,the state vigorously develops rental housing,this simple rule has been unable to meet the development of China's rental market.Therefore,in 2009,the Supreme People's Court promulgated the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Leasing Contracts".Articles 21 to24 of the Judicial Interpretation further stipulates the above provisions and refines specific issues such as the effectiveness,exercise and restriction of preemptive rights of tenants.However,disputes have inevitably arisen in the application of the system.For example,the subject of the lessee's preemptive rights,the damage compensation issues and so on.Based on the current law of our country,this article comprehensively sorts out relevant laws and regulations,clarifies the background and reasons of legislative changes,conscientiously examines the historical origins of the system and conducts in-depth reflection on the value of the system in order to prove that the system continues to exist on the basis of the existence of the system.This article sums up the focus of the controversial issues in judicial adjudication and analyzes the problem so as to improve the application of law and related legislation and provide a path for judicial practice to resolve relevant disputes.The full text except for the introduction,is divided into four parts.The beginning of the article sorts out and evaluates all kinds of norms.This part focuses on the four articles in Article 118 of Opinions of the People's Republic of China,Article 230 of the Contract Law and the Judicial Interpretations of House Leasing Contracts,and carries out in-depth studies on the relevant laws and regulations on the preemptive rights of lessees in our country.Meticulous analysis,while affirming the historical role of relevant norms,but also points out the shortcomings of its existence,especially for the current judicial practice,there is still much room for improvement in this part.The second part is the necessity of the preemptive right system of the lessee.Against the idea of abolishing the system,this part discusses that from the historicalorigins and the value of the system from two perspectives.First of all,from the origin of history,it examines the ancient system of preemptive rights in our country.Secondly,from the consideration of system value,it discusses its order value and free value,efficiency value and fair value.The third part discusses the specific problems involved in the realization of lessee's preemptive right.The first issue to be explored is the nature of rights,the analysis of the doctrines of right of formation and right of claim,and the formation of the thesis.Secondly,it deeply analyzes the pre-emptive problems in the exercise of rights,and focus on the controversial issues in judicial practice.For example,sub-lessees,those who rent some houses,and whether they live with lessees have preemptive rights.Finally,the core of the article-"the same conditions" were the key interpretation.At the same time,the part explains the term of lessee's exercise of rights.The fourth part analyzes the condition and route of right relief of lessee preemptive right.There is no right without remedy,therefore,the paper also takes this part as the foothold of the article.First of all,it summarizes the case of preemptive rights infringement of tenants,there are two situations.First,the lessor does not comply with the law within a reasonable period of notice to the lessee;Second,third parties and lessors damage the interests of the lessee with malicious collusion.Secondly,it mainly discusses the liability for damages when the tenant's right of preemption is infringed.On the basis of clarifying the nature of the liability,this article puts forward a detailed plan for the issue of damages.At the same time,it gives a refereeing method to prevent the lessee from maliciously claiming the preemptive right,in order to realize the interest balance between the lessor and the lessee,promote the sound functioning of the system.