bet365 offer refusal，Refers to when the seller sells the subject matter to a third party，The right holder has the right to treat on the same terms as a third party，Priority purchase target。Our country’s laws have legally established the preemptive right of housing tenants、Co-owners’ bet365 offer refusal by share、Limited liability company shareholders’ bet365 offer refusal、Partners’ bet365 offer refusal on partnership shares, etc.。But the current understanding of the right of preemption in my country’s legal practice，Still relatively narrow，Worth further expansion。

　　A new perspective on the connotation of the bet365 offer refusal

，That is, after the seller and the third party conclude a contract，Inform the person with the bet365 offer refusal，The obligee has the right to establish a sales relationship with the seller on the same terms as a third party，And get the target first。However，Looking at the legislation of various countries，There are actually many ways to exercise the bet365 offer refusal。

First，"Seller Quotation Mode"。ie，The seller can take the initiative to propose the conditions for the sale of the target to the person with the bet365 offer refusal，If the rights holder is willing to purchase，The buying and selling relationship is established，If the rights holder is unwilling to purchase，The seller can choose to establish a sales relationship with the third party。But the latter，The sales conditions reached between the seller and the third party must be higher than the sales conditions previously notified to the person with the bet365 offer refusal，Otherwise，Need further notification。Second，"Forced consultation mode"。ie，Within a limited time limit，The seller can only negotiate with the holder of the bet365 offer refusal，Only if the time limit expires and both parties fail to reach an agreement，The seller can only negotiate with the third party、Sign the contract。For transactions with certain time-sensitive items，This model can effectively promote candid consultations between both parties，Walk towards each other，Work together，To reach consensus。Third，"Price Determination Mode"。ie，When the seller is willing to sell，The person with the bet365 offer refusal must be notified，The right holder can purchase first based on a "determined price"。The "fixed price"，It may be a fixed price agreed upon by the parties in advance；It may be the price determination mechanism agreed upon by the parties in advance，For example, refer to the commodity exchange listing price；May be an evaluation agency、Administrative agencies、Price approved by courts and other institutions, etc.。Fourth，"Sale Notification Mode"。ie，When the seller is willing to sell，You only need to notify the person with the bet365 offer refusal to participate in the bidding，The legal status of the right holder is the same as that of a third party，The bid will eventually be won by the highest bidder。

　　A new perspective on how to establish the bet365 offer refusal

In our country，The bet365 offer refusal is usually mandated by law，In addition，Can the parties establish the bet365 offer refusal according to the agreement，Not stipulated by law。Although based on the principle of freedom of contract，Established by agreement between the parties，Should also be valid，But，Because of how to agree、What is the content、How effective is it?，Lack of clear legal guidance，The parties involved are often at a loss as to what to do。It is not difficult to understand why there is rarely an agreement on the bet365 offer refusal in practice in our country。Under legislation in various countries，In fact, it is more about authorizing the parties to establish the bet365 offer refusal according to the agreement。Civil law system，Such as German Civil Law，Except for the legal establishment of a very small amount of preemptive rights，"Debt Relations" has a separate "Buy First" subsection (11 articles)，The system regulates the requirements for agreeing on the bet365 offer refusal、Exercise、Notification、Period、Effectiveness and other contents。In the common law system，Normally there is no statutory bet365 offer refusal，It is the bet365 offer refusal arising from the agreement between the parties。

In fact，Once the bet365 offer refusal is established，To a large extent, the freedom of the seller to choose the transaction object must be restricted，Even hinder the seller from realizing the best transaction price。If there are sufficient legal and policy reasons，The law compels the establishment of the bet365 offer refusal，Moderate sacrifice of the seller’s interests，Of course it is possible，But this should be strictly restricted。However，There is no such obstacle if the bet365 offer refusal is agreed upon。Is the seller willing to bear this burden，The result of their independent choice，And more importantly，Based on agreement，The seller may obtain corresponding compensation，It is also a balance of interests。So it seems，In terms of the method of establishing the bet365 offer refusal，I’m afraid it should be based on the agreement，Legal supplementary。

　　New horizons in the applicable fields of the bet365 offer refusal

　Chinese law，current，The bet365 offer refusal mainly applies to，Like a house、Land use rights、Total share、Equity、Buying and selling of partnership shares, etc.。Under lease，Also available for priority leasing，Like a house、Priority for leasing rural land, etc.。Inspecting the practice of various countries，The bet365 offer refusal has a wider scope of application。such as sports、Acting stars are being hired，Based on legal or agreement，The original employer often has the priority to renew the contract。This right often adopts "forced consultation mode"，That is, within a certain period，Sports、Acting stars can only negotiate contract renewal with their original employers，When the time limit expires and consultation fails，Only can we negotiate with third parties on employment matters。Considering the needs of sports league cycles and entertainment exposure，Celebrities often have serious negotiations with their original employers on relevant employment matters，Moderately reduce wages，In order to reach an agreement，Work normally as soon as possible。Of course，The original employer did not have the mandatory power to renew the contract，Therefore, wages cannot be lowered too much，It can only be moderate pressure。

In addition，The bet365 offer refusal may also be used by certain public authorities。If you are abroad，In order to implement urban planning、Building public housing、Protect natural ecology, etc.，The state can enjoy the bet365 offer refusal to purchase land within a certain area。And based on the "price determination model"，When the government exercises its bet365 offer refusal，The transfer price is determined based on the appraisal price，Instead of the wishes of the parties。Zaru，In order to achieve the purpose of cultural relics protection，When private cultural relics are sold，Countries can also enjoy the bet365 offer refusal。

　　Adjustment of my country’s bet365 offer refusal system

First，Broaden the connotation of the bet365 offer refusal，Choose different exercise methods according to your needs。Currently，The bet365 offer refusal in our country’s legal concept is mainly limited to the “equal conditions model with the third party”，But actually，There are many options for the bet365 offer refusal。Facing complex social transaction needs and market transaction scenarios，We should allow the law or parties to choose other bet365 offer refusal models。In order to further protect the interests of the holders of preemptive rights，You can choose "forced consultation mode"，Even "price determination mode"，Not only ensures that the right holder has priority in purchasing the target，You can also get discounts on price；Vice versa，If there is no need to give too many benefits to the right holder，Select "Seller Quotation Mode"，Even "sale notification mode" is not a bad idea，In addition to giving rights holders the opportunity to participate in bidding，No substantial damage to the seller’s interests。

Second，Restriction on legal establishment of preemptive rights，And more authorize the parties to agree to establish the bet365 offer refusal。All types of preemptive rights have more or less damage to the interests of the seller，Therefore, the statutory right of preemption shall be established when there are sufficient legal and policy reasons，Just right。The preemptive right of housing tenants recognized in my country’s current laws (especially the preemptive right of tenants of commercial housing)、The bet365 offer refusal of co-owners by share (especially the bet365 offer refusal of co-owners of movable property by share)，Even limited liability company shareholders have the bet365 offer refusal，Whether it has sufficient legal legitimacy，All questionable。While narrowing the scope of statutory preemptive rights，It should be open to the agreement to establish the bet365 offer refusal，On the one hand, it is left to the seller to decide whether to bear the burden of the bet365 offer refusal，On the other hand, the property losses suffered by the seller can be compensated in the form of consideration。For this，The law should generally stipulate the various contents of the preemptive right system。

　Third，Expand the applicable areas of the bet365 offer refusal system more broadly。The bet365 offer refusal is not only applicable to civil and commercial matters，In labor employment，Even in the field of public law，There is also a wide range of utilization space。For this point，We haven’t fully understood yet，There is no perfect legal structure。For example, many cities are currently undergoing the "retreat from the second level to the third level"，The original industrial zone will be gradually upgraded to a commercial zone，But the right to use industrial land for construction in this case，How does the country take back in advance？Relevant operations do not actually meet the conditions for collection，And there is no time urgency。If the government’s bet365 offer refusal for the use rights of such construction land is introduced，The relevant industrial land can be gradually recovered over a longer period，Gradually realize changes in urban planning，And it is conducive to respecting the interests of land rights holders，And maintain social stability。

　　(This article is funded by the National Social Science Fund Project "Research on the Systematic Construction of bet365 offer Preemption System in the Enactment of the Civil Code" (16BFX096) and the Jiangsu Provincial Collaborative Innovation Center for Regional Rule of Law Development)

(Author’s Affiliation: Wang Jian bet365 offer School of Suzhou University)