赋予租赁权买卖不破租赁效力的制度设计,其目的在于保护处于弱势地位的承租人,但交易秩序同样不能忽视。在遵循买卖不破租赁规则的同时,如何避免新所有权人遭受不测之风险便成为一个重要问题。本文试图在对租赁权法律性质进行定位的基础上,通过物权公示制度来平衡租赁权人与新所有权人之间的利益冲突。 The system of design that gives the leasing right the right to buy and sell does not break the lease, the purpose of which is to protect tenants in a vulnerable position, but the same order of transactions can not be ignored. It is an important issue that how to prevent the new owner from being exposed to the risk of unexpected event while abiding by the rules of the sale and purchase. This article attempts to balance the conflicts of interest between the tenant and the new owner through the publicity system on the basis of the legal nature of the tenancy right.