The Protection Of The Interests Of Tenants Whose Houses Involved Problems Research

Housing is important material for people’ living and production. In recent years,housing resources imbalance phenomena is getting worse, rental became effectiveway to solve this problem. With the rapid development of urbanization, Housingdemolition has become a hot social issues.Demolition disputes involve large numberof people and complex legal relationships, and there are still imperfect legislation,simplification of relocation compensation in the process of Chinese urban housingdemolition compensation system.so relocation compensation disputes led to hugeincrease and relocation problems that were not dealt well cause enormous socialcontradictions. Demolition of houses is not only the interests of owner, but alsoinvolves the demolition of the lessee ’ interest and relevant interests. For a long time," Urban Housing Demolition Management Regulations " has been followed in theurban housing demolition process.But in the January19th,2011the State Councilpromulgated and implemented a new " State-owned Land On The HousingCollection And Compensation Regulations " to solve some problems in legislation,but there is still so many unclear including that compensation for the loss ofstate-owned land on the housing tenant issues that the lessee and immediatestakeholders are not effectively protected. How to get legal protection of demolitionlessee in the judicial practice is the main problem of this article.Choosing this as the research direction, this paper used evaluation method, theprediction method, empirical analysis method, comprehensive compare methods,starting from the " Xiamen Co. sue X Liu C, Zhong D lease contract dispute",though analyzing” appended houses is legal, the burden of proving compensationagreement, the court in accordance with the investigation’necessity, according to the meeting summary to judical legitimate, the nature of the litigation， fivecontroversial focus on full analysis of the related open issues were discussed andthought, in order that the writer can put forward suggestions and opinions for thehouse demolition tenant rights d some.Finally,the writer make a brief comments of the case processing result andsugguest on the conduct of land and demolition of the existing legal system fortenant legal protection. First, in the legislation, we should make the legalization ofthe demolition of statutory compensation items, while clearing litigation statuslessee; Second, in the judiciary, the courts distribute of the burden of proofproperly in adjudicating cases involving demolition,and pay attention to the role ofmediation; Third, self-protection, the lessee bear duty of attention when rentinghouse.