论房屋承租人优先购买权的存废

On the maintenance and abolition of priority in purchasing a leased house

当前不少学者和法院审判人员对房屋承租人优先购买权的存废产生争议,从现实、理论和实践三方面分析来看,房屋承租人优先购买权制度的存在已无法带来立法者预想的积极社会效果,且法理依据不充分,实践中也存在不少让人难以理解和把握的地方,实无立法强制保护的必要。

Many scholars and practitioners in courts currently have controversy on the maintenance and abolition of the right of priority in purchasing houses leased by tenants. From the realistic, theoretical and practical aspects, the maintenance of the said system has failed to bring about the optimistic social influence, as had been anticipated by the legislators. Furthermore, we can see no need for compulsory protection from the legislation aspect, for its lack of support from the legal theories and the ambiguity in the practical application.