Housing Tenant Right Of First Refusal Protection Of The Law

This paper is based on a case in the judicial practice and uses methods of case study and empirical research. The lessee pre-emption right is analyzed, pointing out that at this stage of China's housing tenant system legislation is imperfect. So in the judicial practice, there is no legal basis for the operation of the case. we can improve China's housing system of the lessee from the following aspects: the right of pre-emption the lessee should be improved and reasonablely restricted; and enrich terms of the proposed decision in the judicial practice and increase the content available for the implementation of the provisions. In this paper, through case analysis, we can research and improve China's housing tenant pre-emption system and guide judicial substantive work.This paper is divided into four parts:The first part is the case introduction. According to the sale of disputes in which the two parties on housing tenant pre-emption of controversy and court decisions words, this part leads to a lessee of China's housing system of pre-emption analysis.The second part is the basic theory of the case and the focus of analysis. From the focus of controversy in the case, this part uses housing tenant pre-emption system to make the theoretical analysis, which points out that the shortage of China's current system of housing tenant pre-emption legislation and judicial practice in the existing operation .The third part is the right of pre-emption lessee Housing legal discrimination. The legal nature of housing tenant pre-emption right and the value of Preemption Analysis of the system is discussed in order to show the value of pre-emption system.The fourth part of our system of housing tenant perfect Preemption. Based on the two points:improvement and reasonable limits of the lessee pre-emption system and the main problems in the administration of justice need to be addressed in practice, advice is put forward. Author anticipates that there is helpful for improving future legislative and judicial work in practice.