The Legal Status Of The Tenants In House Acquisition Of State-Owned Land

In January 21, 2011, the State Council announced and implemented "Regulations on the expropriation and compensation of houses on state owned land". The promulgation of this Ordinance declared the end of "demolition era" and opened a brand new “era of levy". Compared with the previous regulation, the new levy regulations have greater breakthrough and it emphasis more on rights protection, supervision power and proper procedure which is playing an important role in a harmonious levy. However the only defect is that the new regulation didn’t mention how to protect the rights and interests of tenant. The illustration regarding if the tenant has independent legal status is very unclear. The lack of the institution makes that the tenant’s rights and interests are easy to be ignored or even infringed, thus sharpening the levy contradictions and hindering the smooth progress of the levy project. In order to ensure the smooth progress of levy work and change the current unfair situation, it is necessary to clarify the tenant’s legal status in levy process.In spite of analysis on the "constitution", "property law", "administrative law", we believe that the tenant’s legal rights and interests should be protected. However, the legal relationship of the housing levy compensation contract and housing lease contract is totally different in nature. As for the relationship of housing lease contract, housing levy is not caused by lessor who breaks a contract. It is only a legal fact which is lead to the termination of the lease contract. The tenant can only get compensation according to the actual loss suffered under such conditions of the lease contract termination. Moreover the tenant has to undertake the burden of proof. In the levy of compensation, the tenant will be in an awkward situation and in facing of losing the right of negotiation, unclear compensation objects and the rights and interests can’t be fully compensated. Therefore only giving a legal status of levy relationship to the tenant and clarifying the scope of levy compensation, clarifying the compensation object and the compensation means to tenants, it can truly protect the tenant’s rights and interests not to be infringed.