Research On The Benfit Protection Of The Tenants In The Collection

The development of urbanization of China's regions, resulting in the increasing number of the housing collection. City housing levy disputes involve the large number of people and complicated legal relationships,so it might lead to huge social problems if they were not dealt well.The introduction of "state-owned land on the housing collection and Compensation regulation" is undoubtedly a great social progress, but it ignores protecting of the interests of tenants,so that the tenant can seek help on the basis of a civil "lease contracf" and the lessees Outsiders are not imposed,they may lose money due to housing collection.The regulation did not mention the protection of the interests of the lessees,and this was a great pity to the legislation. In judicial practice,the tenants filed mostly lease contract dispute lawsuits,different courts referred to different compensation standards,which led to various amount of compensation to the lessees and make same case have different sentence.Based on the comparative analysis of two cases of expropriation compensation, learning from foreign advanced experience and interpretation of compensation for expropriation jurisprudence theory,to summarize the tenants' interests compensation standards and the relief ways,the most effective measures to protect the tenants lies in the interests of statutory,therefore expect to be able to cause the attention of the relevant legislators to entitle to the tenants' deserved interests.This paper is divided into four chapters, the main contents are as follows:Chapter One:Introduction of the cases. To introduction two expropriation compensation cases which have similar details of cases but have slightly different judgments.Chapter two:To propose and analyze the content of the lessees' interests in the collection. Through horizontal and vertical comparative analysis of the two cases to seek the compensation interests of tenants and the compensation standards should be referenced.Chapter three:The situation and reflection about the protection of the interests of the tenants.Nowadays the <expropriation and compensation regulation> did not entitle to the tenants have any interests and relief measures during the process of collection.But many foreign countries and regions all have made offset projects, and through the interpretation of compensation for expropriation jurisprudence theory,we may safely draw the conclusion that the interests of tenants in collection should be prevented and these interests should be guaranteed by law.Chapter 4:How to prevent the interests of tenants.Aiming to the missing situation of preventing the tenants proposed by chapter two and three,this chapter raise that the tenants should have legal interests and they should be given the ways and approaches to relief.