Research On The Protection Of Lessee's Rights And Interests In The Expropriation Of Operating Houses On State-owned Land

It is a long-term mission for governments at all levels to realize the effective management of housing expropriation on state-owned land and safeguard the interests of all parties.In the management of urban housing expropriation,due to the fact that the property right of commercial housing is separated from the right to use,the lessee will inevitably suffer from multiple losses.The newly issued regulations on housing expropriation and compensation on state owned land does not make clear and detailed legal provisions on this issue.In order to effectively deal with this new dilemma in urban housing expropriation and effectively protect the legitimate rights and interests of the lessee,we need to carry out academic analysis from multiple dimensions.At present,the domestic academia has carried out some research on this,but has not paid attention to some difficult problems in practice.Taking B District of Yan'an City as an example,this paper discusses the problems and causes of the protection of the rights and interests of the lessee of the operating houses in the expropriation of the houses on the state-owned land by using the research methods of case analysis,literature and empirical induction,and puts forward countermeasures and suggestions on this basis.It is the premise for the government supervision department to solve the problem of lessee's rights and interest protection to make clear the lessee's loss composition,compensation standard and the subject to be compensated.From the practical analysis,through identifying the loss composition and comparing the compensation standards,it can be basically determined that the compensation fees for the decoration facilities and relocation,as well as the compensation fees for the loss of production and business suspension are the Cardinals to deal with similar contradictions.To solve the dilemma,we need to take measures from legislative,judicial and administrative aspects as follows.First of all,in the aspect of legislation,we should improve its legal rank,enact collection law,issue judicial interpretation by the Supreme Court,improve collection regulations and speed up local legislation.Secondly,in the judicial aspect,the lessee's rights and interests are protected from the aspects of bringing the rationality of expropriation into the judicial review,the treatment of contract type and the preservation of evidence before litigation.At last,in the aspect of administration,it mainly depends on improving the level of public management and changing the concept of administration.Through all-round governance,we can achieve the basic goal of safeguarding the interests of all parties,so as to promote the modernization of government governance.