Research On The Division Of Compensation Interests In Public Housing Expropriation

Public houses originate from the implementation of the welfare-oriented public housing distribution system under the planned economic system of China.The property rights of public houses are state-owned,and the distributed residents enjoy the right to lease and use the public houses.In the progress of the public house relocation and demolition,as well as the public house expropriation,the compensation policy changes from "expropriation by the number of residents and building area" to "expropriation by building area",which leads to the change of the scope of residents entitled to the compensation benefits.As a result,the main contradiction in the public house demolition or expropriation gradually changes from the contradiction between the government and the expropriated residents to the contradiction in the division of expropriation compensation benefits within the expropriated families.In the current administrative legislation of the State Council,the provision on the protection of the rights and interests of lessees and users of public houses is deleted.According to local actual conditions,the provincial and municipal governments formulate corresponding administrative rules and departmental rules as the basis for public house expropriation compensation.Since the public house lessees enjoy the permanent right of use,and the co-residents or registered permanent residents in the public house enjoy the right of use and successive lease,they should obtain corresponding compensation benefits in the process of public house expropriation.According to the current laws and regulations,all residents shall be considered as a whole for compensation according to the number of "certificates",and the division of compensation benefits shall be negotiated by the residents concerned with the compensation benefits.Therefore,the number of litigation disputes caused by the uneven benefit division or indivisible benefit increases gradually.Compensation policies for public house expropriation and the management system of public houses issued by the provincial and municipal governments are diverse from each other.These policies own the characteristics of the times and regions and have been continuously reformed.Moreover,in the process of expropriation,there are differences among the key protected interest subjects in various regions.When hearing such dispute cases,judges often draw different conclusions on the identification of the subject who has the right to divide the compensation interest and the division proportion.In this paper,"Research on the division of compensation interests in public house expropriation" was adopted as the title.The legal position of the public house lease right was analyzed,and the foundation and legal basis for the division of the expropriation compensation interests were discussed.Based on the dispute cases caused by the division of compensation interests in judicial practice,the focus points of dispute were analyzed.The trial approach and judgment basis of courts in various regions were summarized.Furthermore,through reviewing the current legislative provisions and practices of Beijing,Tianjin,Shanghai,Shenzhen,Chongqing and Shenyang on the division of compensation interests for public house expropriation,the problems in judicial practice were analyzed.Through exploring the successful foreign practice and overviewing domestic practices.This paper puts forward the countermeasures to solve the interest disputes of public housing expropriation compensation in our country from three aspects: clarifying the identification standard of the subject of interest division,clarifying the legal attributes of the tenant right and the "right to live together",and establishing a unified public housing information management platform,in order to respond to the practical needs.