A Study On The Priority Lease Right Of Commercial Lease In China

With the development of market economy,commercial leasing disputes represented by the priority lease right are increasing.Commercial lessees' good reputation,stable customer base and decoration investment based on long-term operation of business sites are their important business assets,Whether there are obstacles to the continued leasing of business sites is of great significance to commercial lessees.At present,China has not yet made clear provisions on the priority lease right at the legal level.Although some local regulations have been involved in it,the regulations are relatively general and simple.There are no details on the conditions,exceptions and remedies of the priority lease right Which leads to many obstacles in our judicial practice and cannot effectively balance the legitimate interests of both parties to the lease.The establishment of the priority lease right of commercial lease system in China has the theory of commercial business assets and the system value behind the system to provide theoretical support for its legitimacy.The priority lease right system of some developed countries has set the priority lease right as a statutory right.Through more flexible legislation and system design,A relatively complete priority lease right system has been established,which better balances the interests of both parties to the lease.In the context of the compilation of the Civil Code,The relevant legal rules of commercial lease priority right should be embedded in the chapter of lease contract codified by contract law through the path of independent clauses.Under the premise of following this path,we should learn from and refer to successful experience of foreign legislation,We will set up a relatively systematic,scientific and comprehensive commercial lease priority right system by clarifying the conditions for the exercise of rights setting up the justified reasons for excluding the exercise of rights,exploring the solutions to conflicts of rights and remedies for infringement of rights.