Protection Of The Tenant Right In House Levy

January 21,2011, the State Council promulgated a new "Requisition and Compensation Ordinance of Housing on State-owned Land" at the same time the controversial 2001 "Urban Housing Demolition Management Regulations" was declared annulled. "Expropriation" is instead of "demolition" in new case bar, not only to make clear the housing levy is for "public interest" and to determine the house can only be levied by house levy department of the county government, but also the housing levy procedures and specific measures were clearly defined, clearly apply only be imposed to the court when to enforce the relocation refused, thus effectively reducing the incidence of demolitions event. In 2011 "Requisition and Compensation Ordinance of Housing on State-owned Land" has made great progress on the protection of private property rights of citizens, but there are still deficiencies in the regulations of the Department, of which the most prominent is the protection of the interests of the lessee which did not involve in the Ordinance, therefore in this paper, if the right of the tenant to housing levy should be protected or not, and how to protect will be expand.This paper is divided into three chapters, the first chapter, aimed at clarifying several groups concepts of expropriation of houses several groups involved in the protection of the rights of the lessee, first, compared with the previous 2001 Regulations "Urban Housing Demolition Management Regulations" and 1991 "Urban Housing demolition Management Regulations" The biggest difference of the Ordinance 2011 is the levy change for demolition, expropriation and demolition of similarities and differences between then, under the new situation the housing levy should follow the principles of what would become the first issues to talk about in this article. Secondly, why the right of the tenant should be protected, I believe that the right of the tenant refers to the right of the tenant’s lease, which has a leasehold property of performance, which is the base of the housing levy in protecting the tenant rights.The second chapter, first of all, on the housing levy will be analyzed what impact to the tenant, in order to indentify the necessity of housing levy in protection of the rights of the lessee. Secondly, the comparative analysis of 1991 "Urban Housing Demolition Management Regulations",2001 "Urban Housing Demolition Management Regulations" and among the 2011 " Requisition and Compensation Ordinance of Housing on State-owned Land " to point out that the protection of the tenant rights was weakening trend on legislation. Finally, introduce the case from 2001 to 2011 and the period after the effective case, "Requisition and Compensation Ordinance of Housing on State-owned Land" in 2011, analyze the reality problems of protecting the rights of the tenant.The third chapter, combined with foreign legislation, as well as the relevant provisions of the 2001 "Urban Housing Demolition Management Regulations" to propose improvement suggestions for the protection of the rights of the tenant of the housing levy.