Research On Compensation Of The Lessee In Housing Collection

In recent years， Social events that is triggered by demolition happenedfrequently; The most important reason is that compensation is not sufficient, and thelessee is not satisfied with the compensation. The beginning of the year2011, the StateDepartment published 《Regulation of Housing Collection and Compensation onState-owned Land》. In the regulations, the compensation for house owner is fairand reasonable; To some degree, it can security the interests of house owner and solvedemolition disputes.However, there is no any provision about compensation for the lessee inregulation; In housing collection, the lessee suffer some property loss, and also shouldget some compensation. Firstly the author research provisions in the formerlaws,and find the rights of the lessee is gradually deprived;As a result,they haveno any rights in housing collection. Secondly the author find the legal basis forcompensating the lessee in housing collection, that is special sacrifice theory.The author puts forward some proposals about the compensation for the lessee.Firstly housing collection leads to termination of the lease contract,and the lessee haveto pay more rent to lease similar house, so the lessee should get compensation for theloss. Statistical data show that rising rents cause a loss to the lessee, so the author putforward that compensation amount for that loss＝rent of similar house when the leasecontract terminate×remaining lease—original rent×remaining lease. Secondly, thecompensation of movement and temporary arrangement, and the compensation forclosure production loss. Thirdly if the lessee can provide evidence and prove the loss iscaused by housing collection, he or she can demand compensation. Fourthly, theauthor provide right remedy way for the lessee.Fifthly originally the law provideformer tenant continue to lease the house of property right exchanged,the author think that is wrong. Housing collection resolution by government is force majeure,and thatwill cause termination of the lease contract.In the end, the author hopefully can make a contribution to complete the law. Tosome degree, it can security the interests of house owner, and solve demolitiondisputes.