On The Issue Of The Administrative Litigation Right Of The Lessee In House Expropriation

The current Regulations on the Expropriation and Compensation of Houses on State-owned Land(hereinafter referred to as the "Regulations on Expropriation"clearly limits the scope of the expropriated persons levied on urban houses to the owner,and excludes the lessee from applying for compensation to the house expropriation department and filing an administration with the people's court.The right to litigation.The lessee has a direct causal relationship between the loss of the house expropriation,the suspension of production and business suspension,and the administrative act,but it lacks the normative basis for the protection of rights in the central government's legislation.The lessee can only use a single civil channel.The owner seeks compensation for the loss.Restricted by the principle of autonomy of civil law,it is often not agreed or the agreement is unclear about the distribution of compensation fees by the leasing parties.As a result,the lessee claims to the owner that the loss compensation is not directly based on the civil claim right,and the levy interest is ultimately difficult to obtain.Effective protection.Therefore,it is of great significance to protect the house from the administrative right of the lessee to relieve the benefits.First of all,it discusses the basic theoretical issues of the tenant's administrative litigation protection.The tenants involved in house expropriation are classified into public housing tenants and market tenants and analyze their unique rights attributes.At the same time,the current central and local house expropriation legislation is used to protect the tenants' interests and administrative litigation rights.Then based on the theory of interest,the author defines the standard of the plaintiff qualification in administrative litigation in China,and draws on the basic knowledge of the definition of administrative litigation right outside the domain to provide theoretical support for the subsequent protection of the tenant's administrative litigation rights.Secondly,it analyzes and justifies the legitimacy of protecting the tenant's administrative litigation rights in the current expropriation work and administrative litigation procedures.The lessee is responsible for the relocation expenses due to the expropriation of the leased house,the loss of the suspension of production and business,and the investment in the decoration and decoration of the house is difficult to recover in time,and the single civil dispute resolution method is difficult to fully compensate the above-mentioned economic losses of the lessee.Combining with the actual situation of house expropriation,this paper analyzes China's interest relationship theory and draws on the theory of interest and protection norms of extraterritorial litigation,which proves that the tenant's administrative litigation protection has a profound legal basis.The Supreme People's Court also affirmed the litigation qualifications and expropriation interests of the tenants of the house expropriation in some of the judges.These judicial breakthroughs provide direction for further guaranteeing the tenant's administrative litigation rights.Thirdly,it sorts out the main problems in the protection of the administrative litigation rights of the tenants in the current stage.It is affirmed that the local expropriation legislation of the tenant's expropriation of interests and administrative litigation rights is in conflict with the provisions of the Regulations on Collection and Expropriation.In some areas,there is a lack of enactment legislation or a lower legal level of local legislation,and it is impossible to protect the tenants' administrative litigation rights.Provide a clear legal basis.The provisions of the central government's expropriation legislation impede the breakthrough and development of judicial judgment in the field of tenant's right to appeal,and the scope of protection for the lessee is too narrow.The referee's purpose is often to use the fact of housing leasing as a direct reason for the protection of the right to appeal.It is difficult to clearly define the lessee.The scope of the interests of the lawsuit.Finally,the author puts forward reasonable suggestions for the problems of the tenant's administrative litigation protection.First,on the basis of amending the central government's legislation,it is necessary to step up the formulation of local expropriation legislation and improve its legal hierarchy,so as to provide a clear normative basis for the tenant's administrative litigation protection.Secondly,it is clear that the house levy imposes an affirmation of the administrative lawsuit.On the basis of comprehensively guaranteeing the qualifications of the public housing tenant,the market tenant is required to file an administrative lawsuit only for the compensation benefit under certain circumstances.Third,clarify the negation of the lessee's administrative proceedings in a form that is not fully enumerated.Fourth,to strengthen the judicial protection of the lessee's administrative litigation rights,the Supreme People's Court shall promptly issue corresponding guiding cases and judicial interpretation of housing,and at the same time exert judicial initiative in the trial of specific cases to reasonably explain the legislative provisions.Fifth,clarify the scope of interests of the lessee and the owner of the house to improve the operability of the judicial trial.