On The Abolition Of The Lessee's Preemptive Right

Article 230 of the Contract Law provides Tenant’s Preemption System,which means that the lessee has the priority right to buy houses over other persons lawfully under the same conditions when the lessor transfers the house.lt is a specific historical conditions,which sacrifices the interests of third parties,limits the freedom of ownership,with obvious limitations.In recent years,with the prosperity of China’s real estate market,housing transactions increasingly frequent,transactions process a large number of disputes,Tenant ’s Preemption System has become increasingly prominent.On the one hand,the system hinders the lessor’s right to choose the object of the transaction,it increases the risk of the lessor and other purchasers,and on the other hand,it does not make any real benefit to tenants.Therefore,the author believes that the Tenant’s Preemption System is not necessary,it should be abolished in the legislation.First of all,based on the analysis of the theory,characteristics,nature and development process of the tenant’s preemption system,the author starts from the dilemmas and obstacles in the legal conflict and judicial practice.Based on the existing laws,Regulations and related judicial interpretation,with the case evaluation of the system,assess the controversy and shortcomings,explain the pros and cons,raise the reasons for the abolition of the system.Secondly,from the background of the reality,the author analyzes the background and subject status of the system,and puts forward that the system has lost the social background.Finally,the abolition of the Tenant’s Preemption System will not have an impact on the existing legal system because of the existence of the rule of "kauf bricht nicht miete".