Research On The Preferred Tenancy Rights Of Housing Tenants

The second paragraph of Article 734 of the "Civil Code of the People's Republic of China"(hereinafter referred to as the "Civil Code")contract stipulates: "At the expiration of the lease term,the tenant of the house shall have the priority to rent under the same conditions." So far,The "Priority Right of Tenancy" first appeared in a formal legal document.This provision is a legislative response to the problems of the tenant's right to rent in judicial practice.In judicial practice,due to the disparity in the status of both parties to a house lease,the right of the house tenant to rent is far from being able to counter the landlord's ownership of the house.After the expiration of the lease contract,facing the lessor renting the house to a third party,the intangible assets accumulated by the lessee during the lease period and the familiar and stable living conditions will be reduced to varying degrees.The provisions of the lessee's priority to lease in the Civil Code will play a positive role in protecting the rights of the lessee.However,there are no relevant provisions on the legal nature of the right,exercise conditions,realization methods,and remedies at the legislative level.In order to implement the right and realize its legislative purpose,it is necessary to explore the above issues.Based on the investigation of a large number of cases of preferential tenancy rights in judicial practice,this paper summarizes the difficulties in handling such cases in judicial practice,and understands that the lack of clear and specific provisions in the law leads to different judgments in the same case.Legitimate rights and interests cannot be effectively protected.Based on the social reality of our country,this article also absorbs and learns from domestic and foreign legislation on the priority of housing tenancy,discusses the conditions for the exercise of the priority of the tenant's housing tenancy,the reasons for obstruction,and the means of rights relief,and discusses the priority of housing tenants in our country.Suggestions are made for the improvement of the rights system.This thesis discusses the priority of housing tenancy from four aspects.The first part is the theoretical analysis of the priority of lease of housing tenants.This part adopts the method of comparative analysis to discuss the concept,characteristics and nature of priority of lease of housing.Based on the analysis of different academic theories,the priority of lease The creditor's rights are characterized as property rights.Lay a theoretical foundation for the argumentation and exposition of the whole thesis.The second part is the current situation and existing problems of the priority of lease of housing tenants in my country.This part adopts the research method of case analysis and introduces typical cases to analyze the problems existing in the system of priority of lease of housing tenants in my country in practice,and analyzes The reason for this is to find an entry point to further solve the problem.The third part is the experience and reference of the priority of lease of foreign housing tenants.This part adopts the research method of comparative analysis,and discusses the system characteristics of the priority of renters in Britain,the United States,France,Germany and other countries according to the system characteristics,and provides legislative experience that can be used for reference for perfecting our country's system.The fourth part is the suggestion to improve the priority of lease of house tenants in our country.This part adopts the research methods of legal analysis and empirical analysis,and discusses the specific implementation of preferential tenancy rights in my country's "Civil Code" by combining with the background of my country's housing leasing related policies,including the exercise conditions of the tenant's preferential tenancy rights,priority It analyzes issues such as the setting of the term of the right of lease,analyzes and discusses the reasons for preventing the exercise of the priority of lease and the remedies,and proposes to improve the current legislation.