The System Dilemma Of Pre-emptive Right And Legislative Prospects

China's "Civil Code Division(Draft)" stipulates five statutory pre-emptive rights system,in which the tenant's pre-emptive rights system lacks justified reasons,and there is no need to retain the new preferential tenancy system;The system of pre-emptive rights in the system is inherited by the rights of the parties in the service technology contract and the entrusted development contract,but the legislative basis is obviously insufficient.In practice,it is difficult to establish a large-scale regulations and policies.The parties in the cooperative development contract are preferred.The right to purchase should be absorbed by the sharesharing system,and the system of pre-emptive rights of the co-owners should be reasonably retained after the system value of itself and the perfection of rights.The empirical inquiry conducted through the judgment of the case involving the preemptive right indicates that the improper allocation of rights in the system leads to a large difference in judicial decisions.According to the comparison of relevant extraterritorial laws and the analysis of the different legal effects formed before and after the revision of the law,the overwhelming allocation of rights can clearly express the exercise of rights,including the bidding process that must be experienced.“Equivalent conditions” should regard price as the decisive factor;The dispute of the "term" can be resolved by the notice registration and the longest time system.At the same time,the third-party price recognition mechanism is constructed to make a solid theoretical foundation for the current situation of information asymmetry in the market economy and the bidding function of the price mechanism itself,based on the procedural rules of “application-inspection-price result-bidding”.Introduce the property guarantee function,form a transparent and open bidding mechanism,guarantee the smooth conduct of the transaction,and finally determine the ownership of the purchaser.At the same time,the “shared income obtained by the shared share” is used as the standard for the damage liability of the transferor.The substantial benefit is that at the same time,the shared characteristics of the people and the legitimate interests of the transferee are guaranteed.