Study On The Priority Lease Right Of The Lessee

With the acceleration of urbanization,the phenomenon is more and more urban people,urban housing shortage becoming more and more obvious,local governments have gradually introduced the policy of limited purchase of house.With the rising house price,housing rental increasingly becomes an important social behavior,market of urban housing rental service space is also quietly extended,scholars and legislators in civil law pay close attention to housing rental behavior.According to authoritative market survey data,residents are mostly able to buy a house at the age of31-35 or older,and renting a house is the choice people who want to work and live in the city but can not buy a house.People who rent a house to live in is in a relatively weak and vulnerable position.Once the rent is due,the lessor is likely to choose to terminate the contractual relationship with the lessee for various reasons,such as rent increase or transfer,so that the lessee has to give up the lease renewal,so the lessee's legal right urgently needs legal protection.At present,only the Civil Code(draft),which was recently published in December 2019,refers to priority tenancy rights and has not yet been provided for in formally promulgated laws.Therefore,it is necessary to discuss the legal issue of priority lease right of residential housing,especially the type of lease relationship affects the personality rights and interests of the lessee's right to life,but also makes suggestions for the typeof disputes that occur in practical life.This thesis will discuss the concept brief,the current situation and relevant theoretical analysis,reason and legislative suggestion of the priority lease right of the lessee.The first part mainly introduces the concept of priority right of tenant,at the same time,make a comparative distinction and compare similarities and differences of the two types of tenant contract.The second part mainly discusses the current situation and relevant theoretical analysis of the priority lease right of the lessee,analyzes the current situation,by introduction of the current domestic and foreign legal provisions and research trends in this respect,combines with the characteristics of the lease right in the creditor's rights,sums up the civil law academic circles related to the comparison of different theories.Finally,comes to a conclusion of the author's view of the legal nature of the priority lease right of the lessee.The third part focuses on the justification of the existence of the priority lease right of the lessee,the positive significance and research value,respectively from the protection of the lessee's right to exist and the necessity of the right to life,the value of maintaining the stable order of urban economic development and rising to the rule of law social construction,the protection of human rights.The fourth part discusses legislative protection and the consummationsuggestion to protect the lessee's priority lease right,according to the author,the priority lease right of the lessee should be written into the civil law.Finally,the author summarizes the full text and the references.Thanks for the help of the instructor and the authors in the process of writing the paper.