On The Tenant's Priority In The Lease Of House

The good operation of market economy needs the regulation of law.As an important economic activity in modern market economy,housing lease is also inseparable from the adjustment of law.In the commercial housing lease,the lessee limited lease the lessor not against strong ownership,the lessee in the lease period of careful management of business assets,it is easy for the lessor at the expiration of the lease housing rent to third people and destroyed,so that damage to the interests of the lessee in the housing leasing activities;the lessee for long-term lease,the dependence of the production and life of a lease,if the lessor may rescind the lease contract,the lessee will give life inconvenient.By giving the lessee the priority of tenancy,it can set certain restrictions on the lessor's ownership,so as to solve the above problems effectively and balance the interests of the lessor and the lessee.Although the priority of lease has institutional advantages so that the law of our country has not stipulated the priority of lease,only some local regulations made the general provisions of the priority of lease,the lease at the same time in economic activities more and more popular,and therefore have a lot of judicial disputes,resulting in judicial cases in recent years more and more,so no matter,the judicial practice and social practice are in urgent need of the guidance law.In view of this,this paper thinks about the priority leasehold in our country,and tries to find some specific suggestions for the construction of our priority leasehold system through these analysis.In addition to the "Introduction" and "conclusion",the article is divided into four parts:The introduction mainly introduces the background and the significance of the topic selection,so as to introduce the main problems of the paper,giving priority to the right to rent.At the same time,it summarizes the current research status of the priority leasehold in China,and introduces the research ideas,so as to facilitate the understanding of this article.The first part-the general theory of the tenant's priority in the lease of the house.Firstly,the concept of priority,and a preliminary understanding of what is the priority of lease,then discusses the connotation of the system of the priority of lease,the legal nature of the right priority reveal behind the system,finally describes the legal valueof the system of the priority of lease,the rationality of its application in the study of legal relationship of lease.The second part-the development process and existing problems of the lessee's priority renting system in China's housing lease.This part mainly discusses two aspects from the development process of the system of the priority of lease and problems,through the analysis of the well documented normative legal documents,sorting out the development process of the system of the priority of lease in our country;the specific normative documents and with reference to the current specification of the priority of lease,analyzed and summed up the priority of lease legislation the problems and reveal the status of legislation.The third part-the judicial practice of the lessee's priority of renting in China's housing lease.This part firstly consulted the priority to rent the judicial cases,sort out the process of the development of China's priority to lease the judicial practice;secondly through the comparison of the priority of lease of judicial case,analysis of China's priority to lease exist in the administration of justice,to reveal the priority to rent the judicial application status quo;thirdly,through access to relevant documents and judicial cases,find out the difficulties of preemptive right in judicial application;finally,through the present situation and the judicial practice the second,third part system,combing,analyzing the relationship between the three revealed.The fourth part-the thinking of improving the renter's priority renting rights in the housing lease in China.This part explains the analysis of China's system of the priority of lease,and analyzes the priority of lease conditions,excluding the priority of lease justification and the priority of lease damage relief measures,trying to put forward reasonable suggestions on the construction of the application system of the priority of lease in our country,to promote the development of the priority of lease law the system of our country.Concluding remarks: a summary review of this article and a prospect of the theoretical research on the priority renting rights.