Benefit measurement in the preemption right of buying an apartment——On the role of lawful explanation in trial practice

There are fuzzy and blank points in China's law about preemption right of buying an apartment, which need to use explanation method to clearly explain the meaning of the law and to fill the vacancy.The stipulation of preemption right should not completely protect lessees and should also protect disposition right and usufruct of owners.This is reflected in a case,when“equal condition”is explained,it should not only be explained as equal price but should consider all factors which influence transaction and price,when a judg- ment is made,a lessor and a lessee should not completely be judged to sign sale contract but should consider free will of all people.In practice,although the explanation is necessary step of law application,the supreme people's court should periodically summarize and promulgate typical precedents,provide legislation suggestions and complete legislation method to standardize the implementation of lawful explanation right based on current situation of China's legal system in order to reduce arbitrary explanation of a judge.