Study On The Establishment Of The Priority Right Of Commercial Leasing In China

Commercial lease priority right refers to that the lessee has the intention to continue to lease the premises before the termination of the lease contract with the commercial business premises as the subject matter of the lease,and the lessor decides to continue to lease the premises,the lessee has the priority to lease the premises under the same conditions.This right has not been recognized by the law of our country,but we have to admit that the system of commercial lease priority right plays an irreplaceable role in maintaining the long-term stability of lessee's business operation.With the prosperity and development of the commercial leasing market in China,some local laws and regulations have tried to formulate the relevant contents of the priority right of lease,but it is difficult to guarantee the lessee's rights because of its lack of legal force and its insignificance,which makes the relationship between the lessor and the lessee more and more tense.In the author's opinion,in order to fill in the legislative blank of relevant systems in our country and maintain the important position of the particularity of commercial leasing,we should establish the preferential leasing right system of commercial leasing as soon as possible,and find out the countermeasures to balance the interests of both parties.This paper first enumerates the cases of commercial priority lease right disputes in judicial practice,and through the analysis,finds out the main reasons leading to the failure of the lessee's claim of priority lease right.Secondly,by comparing the different characteristics of commercial leasing and civil leasing,the paper illustrates the necessity of establishing the preferential leasing right system in the commercial field.Finally,in order to construct the preferential leasing right system of commercial leasing in China,it is suggested to establish a more perfect and more suitable preferential leasing right system of commercial leasing in accordance with the framework of our legal system and the actual needs of commercial development,while drawing on the advantages of France,Britain and other countries.The author through consulting a large number of data,at the same time of reference to other scholars point of view,analysis summed up the specific design of the commercial leasing tenant priority right system are as follows: first,clear commercial leasing first bear hire authority to set up conditions,such as the need to exist on the premise of effective and long-term lease contract first,rent the subject matter for commercial operation,the lessee tenant will have priority,such as a potential tenant,the tenant meet the sameconditions as a limit.Secondly,in order to give consideration to the rights and interests of the lessor,when it is in line with the legitimate reasons,the lessor is granted to exclude the lessee's priority to rent the right of exception,such as the lessor decided not to rent out the house,recovery for their own use.In addition,in view of the convenience of judicial operation,it is necessary to carefully standardize the procedure of the application of commercial lease priority right,so as to reduce the unnecessary disputes and save judicial resources.Finally,when the lessee's priority right to lease is infringed,the lessee shall design reasonable relief ways to make up for the losses suffered by the lessee and balance the relevant interests of both parties in the leasing relationship.