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On the Abolition of Pre-emptive Housing Tenant

Author: MaXi
Tutor: LiGuangMan
School: Nanchang University
Course: Legal
Keywords: Housing tenant preemption abolition
CLC: D923.6
Type: Master's thesis
Year: 2013
Downloads: 18
Quote: 0
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Abstract


As we all know, since the last century. due to resource scarcity and uneven distribution of the whole society there is a " small cultivators their fields" and "Home Ownership less ", with the population flow, prices continued to rise, insufficient supply of material wealth of society and many other reasons lead to " a people house, homeless people," the imbalance inevitable, the majority of migrant workers and urban low-income housing by only relying on renting without live,in order for these disadvantaged groups in the process of renting given priority to take care of our country legally established tenant right of first refusal, the legislature’s intention is to make the right changes in the rental tenants enjoy priority purchase rights allow continuation rights and protection。The system in our country’s civil legislation as a requirement to be accepted, it has gone through the administrative rules and regulations. civil justice and legal interpretation,and several other important stage, after the early years of the " Civil Law " and other judicial practice, the final written "Contract Law"230. Frankly these provisions have protection of the rights of the lessee. and promote stable housing rental industry. as well as the healthy development of the socialist market economy has a certain practical significance and plays an important role. However. we also see that the system provides too general, in many places is not clear enough, the lack of interoperability, but also in the limitation of rights, the principles of civil law and other aspects of the conflict, although some of them property law terms of refinement and explanation, but in reality, there is also the actual operation more difficult, or even improper operation in accordance with the requirements of the law but will seriously undermine the rights of the lessee and the lessor. In other words, this provision was originally meant to protect the tenant’s legal provisions. if used improperly, but returned to the lessee cause trouble. In addition, most scholars believe that the system is still broken arm in civil law, the principle of equality, the performance is a civil privilege. coupled with recent years. as China’s housing reform and second-hand housing transactions increasing. because the two sides during rental lawsuits arising hit the newspapers. have been gradually judiciary attention.Development endless reform never stop. Possess any legal and institutional development and adaptability of the times. has been any legal system are in development for change. and ultimately only adapt to reality and adapt to national conditions, to adapt to the development of public opinion and social laws and institutions in order to be widely accepted by the people, regardless of the original law have played a big role and contribution, they do not meet the development of the concept behind the characteristics of the times it should be abolished.Author from the definition and characteristics of the system to start. while elaborate edge analysis, the analysis of the process, let the system automatically exposed some shortcomings, the system summarizes the background of the system at that time, the relevant legislation from abroad, according to judicial practice and theory of reality,the first analysis of the deficiencies of the system itself, adequately address the drawbacks of housing tenant right of first refusal. a list of various imperfections. and then analyze the system caused by the conflict of rights undermine the rule of justice freedom, in which the author used a lot of space on the priority issues arising from the tenant a detailed discussion on repealing the grounds as well as the impact of the repeal. The last part is to discuss the re-building a new system model, conflict resolution issues and put forward their own ideas and viewsThrough papers analysis and diseussion. we believe that with the socio-economic and political progress, housing tenant subject of pre-emption priority survival has disappeared. there is not only that the system can not protect the legitimate interests of tenants to live. on the contrary for a variety of constraints on the exercise of the rights of human rights, the maker of judicial disputes. not all aspects of "appeasing " system indeed come to an end, but also it is time that it should be abolished

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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