On The Preemptive Right Of Lessee

With the rapid development of China’s social economy and the increasing prosperity of the real estate market,the problem of lessee’s right of preemption has been highlighted,and it has been paid much attention by the academic circle.The lessee’s preemptive right is an important civil system in China.Therefore,this paper will study the theoretical basis of the right of preemption of the lessee in our country,and then compare and draw lessons from the relevant systems in other countries,summarize the defects of the system in our country,and put forward Suggestions for improvement,in order to maintain the interests of the lessee and the lessor,and promote the development of social economy to provide useful reference.The main body of the paper is divided into four parts:The first part is the overview of lessee’s preemption right.This paper introduces the basic theoretical knowledge of this right,the connection and difference between various pre-emption rights,and demonstrates the legal basis of the pre-emption right of the lessee.The second part is the comparison and reference of the lessee’s preemption right system in other countries,introduces the relevant systems in Germany,France,Japan and other countries,and summarizes the experience for our reference.The third part is the current situation and problems of the lessee’s preemption right system in China.This paper introduces the provisions of the lessee’s preemptive right in the current laws of our country,and analyzes the deficiencies,including: the law does not stipulate the preemptive right of the lessee of non-housing and movable property,the law does not specify the requirements of the lessee’s preemptive right,and the lessee’s preemptive right remedy measures are not perfect.The fourth part is the suggestion of perfecting the system of lessee’s preemption right in our country.In view of the problems sorted out above,some Suggestions for improvement are put forward.Including: in the law to the lessee of non-housing and chattel preemption right to make clear provisions,the law to the lessee of the preemption right to clarify the requirements,to improve the lessee of the preemption right of relief measures.