Right Protection Of The Tenants In House Acquisition Of State-Owned Land

Although the State-owned land, housing and compensation ordinance (2011) has made rules to benefit the house owner in many aspects, the tenants were not included in the compensating mainstream party. Due to many house owners are not the tenants of the house, then how to harmonize the profit between those two groups relates directly to the work of house acquisition. It is hindered to protect the tenants when the house is being expropriated because of the vacancy of their legal status. Meanwhile, the compensating responsibility is shifting between the group of acquisition and the one that is facing acquisition, leading to no reasonable resolution to the dispute. Problems such as tenant refuse to move and appeal is not considered triggered many contradictions, which is worth paying attention.This paper is to explore a way that is the theory of confronting right to protect the tenants’benefits after clearing the basic connotation of house acquisition and introspecting the basic quality of house-leasehold right. If the house-leasehold right is registered, tenant can claim compensation directly from the one who expropriates the house, or the tenant can claim compensation from leaser for responsibility of breach of contract. This registration fully reflects the value of security and efficiency, which can not only maintain the basic concept of Privities of Contract and Party Autonomy, but also effectively protect the legitimate rights of the tenant, and even more strictly enforce the real estate management and tax payment requirements in our country. After reviewing of related laws, there three phases exist in the experience of tenants’ right, which are comprehensive protection stage, limited protection stage and ending protection stage. Tenants are one of the interested parties in acquisition, making special sacrifices for the social public benefits. However, the changes of law caused legally vacant condition and no support to those tenants who are originally deserve compensation. Then we have obtained that the conclusion of this dilemma is brought about by the legal factors and political factors after a deep analysis to this protecting dilemma. If we want to change the unfair status and ensure the house acquisition procedure functioning successfully, legal departments has to improve the legitimacy from the source. Specifically, explicating clearly the legal status of the tenant, building sufficient compensation institutions, and making certain every acquisition related one be able to enjoy rights and seek reliefs.