Priority Problem Research In "Lousy Tail Ground" Case

After experience the early 90's the real estate overheat foam, many cities in our country remain numerous "lousy tail ground" problem which is hard to be processed but put off to solve for a long time. Especially the problem of basic existence rights for a person whose house is dismantled and moved without law protection cannot be solved. Recently, Guangzhou where I live initiatively takes the measure of protecting the benefit rights of a person whose house is dismantled and moved as correspond point, leading solving the problem through litigation, and gradually properly solves lousy tail ground problem. I, as one of the participants and researchers, deeply understand that the key of dealing with lousy tail ground problem is the realization of priority. Take Guangzhou as a sample to discuss the problem further. Firstly, I differentiate and analyze the characteristics and cause of lousy tail ground. I try to draw up 8 standard for distinguish and recognize lousy tail ground recognize based on my practice experiences to correct the concept of"lousy tail ground"as: Lousy tail ground is real estate development, rebuilding project is suspended after the houses built on the ground have been demolished and the residents lived in the houses have been moved out due to the factors such as market and policy, etc., which has exceeded the construction due date, the ground for rebuilding remains ground, the original residents who moved out have not been compensated or properly arranged, leaving a great deal of the historical problem of real estate behind to be dealt with. I, the writer confidence key within experience in Guangzhou, the argument take priority mechanism as to solve lousy tail ground the premise of the case, analysis law attribute and function of "The priority of particular rights of a person whose house is dismantled and moved ", from the existing law the basis contrast look for a certificate, and from economy society of the visual field measure with evaluation, investigation is dismantle to move a person the law of the particular rights a rank, confirm is dismantle to move human rights benefit to belong to right to life category, belong to "item cost" in the lousy tail ground the case the processing of first be subjected to a Chang order, should have the initiative protection. Then, writer study lousy tail ground priority order within case problem, take the argument key in priority order plan as main discussion key point to discuss the proper measures of dealing with the problems in compensation and arrangement fees, principal of temporary residence movement for the person whose house has been demolished, relevant public welfare fee, land transfer fund, creditor's right for the consumers who have paid all or part of fund for buying the houses, project fund for the projects satisfy the priority requirements of getting compensation, mortgage right for the lousy tail ground. Finally, the writer thinks that the core of the case of processing lousy tail ground at implementing priority of concrete measure is seizing the conditions of realization of priority based on the existed problems. The writer's demonstration should be clear in the objects of debt and creditor's righ to determinate and sandarize the details of debts payment and receiving in the contract regarding to debts and creditor's right to realize the condition of contract with priority to perfect relevant practical and concrete standard, leading to the realization of priority standard conditions.