国有土地上房屋征收中承租人的权利保护
发布时间：2018-10-15 15:42
【摘要】：2011年《国有土地上房屋征收与补偿条例》作出了对房屋所有权人有利的规定,但其并没有将承租人纳入补偿主体范畴。由于征收中大量存在房屋所有权人与承租人分离的情形,如何协调两者之间的利益,直接关系到征收工作的顺利进展。征收中,由于承租人法律地位的缺失,致使其权益保护受到很大阻力。征收人与被征收人之间的纠纷难以得到合理解决往往是因为相互间推脱补偿。拒绝搬迁造成了征收进程受阻,诉求不被重视引发了诸多矛盾,这些不得不引起全社会的关注。 本文首先厘清了房屋征收的基本内涵,反思房屋租赁权的基本性质,然后纵观相关立法,了解到承租人在征收中的权利经历了全面保护—限制保护—终止保护三阶段。承租人本是征收中的利害关系人之一,为社会公共利益作出了特别牺牲,但法律的更替变化使原本应得到补偿的承租人现于法无据,权利救济处于真空状态。接着我们对此种保护困境进行了深度剖析,得出这是法律因素和政治因素共同造就的结果。要想改变这种有失公允的现状,促使征收工作进行得更顺利,在征收立法中明确承租人的法律地位是有必要的。而法律地位的取得需要一定的法学理论支撑,因此笔者探寻出了一条保护承租人利益的法理新思路,即登记对抗说。凡经过登记的租赁权可以直接向征收人请求补偿,未经登记的只能依据租赁合同向出租人请求违约责任赔偿。这种登记备案充分体现了安全价值和效率价值。不仅维护了合同相对性与当事人意思自治的基本理念,而且有效的保护了承租人的合法权利,更是严格执行了我国房产管理与税务缴纳的相关要求。在此基础上再建立充分的补偿制度,使各类征收关系人都能合法合理的享有权利,寻求救济。
[Abstract]:The regulations on the expropriation and compensation of houses on state-owned land in 2011 made the regulations in favor of the owners of the houses, but they did not include the lessees in the category of compensatory subjects. Because of the separation of the owner and the lessee in the expropriation, how to coordinate the interests between the two is directly related to the smooth progress of the expropriation. In expropriation, because of the lack of legal status of lessee, the protection of its rights and interests is greatly hindered. The dispute between the expropriator and the expropriated person is difficult to be solved reasonably because of mutual evasion of compensation. The refusal to move has hindered the process of expropriation and caused many contradictions because of the lack of attention to the demands, which have to arouse the attention of the whole society. This paper first clarifies the basic connotation of house expropriation, reflects on the basic nature of housing lease right, then makes a survey of relevant legislation, and finds out that the lessee's rights in expropriation have experienced three stages: comprehensive protection, restriction protection and termination protection. The lessee is one of the interested parties in the expropriation and has made special sacrifices for the social and public interests, but the change of the law makes the lessee who should be compensated is in the absence of the law and the relief of the right is in a vacuum state. Then we analyze the protection dilemma in depth and draw a conclusion that it is the result of both legal and political factors. It is necessary to clarify the legal status of the lessee in the expropriation legislation in order to change the unfair situation and make the expropriation work more smooth. The acquisition of legal status needs to be supported by certain legal theories, so the author explores a new legal theory to protect the interests of the lessee, that is, the theory of registration antagonism. Where the registered lease right can directly request compensation from the expropriator, the unregistered one can only apply to the lessor for damages for breach of contract according to the lease contract. This kind of registration and filing fully embodies the value of safety and efficiency. It not only maintains the basic concept of relativity of contract and autonomy of party's will, but also effectively protects the legal rights of lessee, and strictly implements the related requirements of real estate management and tax payment in our country. On this basis, the full compensation system is established, so that all kinds of expropriation related persons can legally and reasonably enjoy their rights and seek relief.
【学位授予单位】：北京化工大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.3;D923.6
本文编号：2273005
[Abstract]:The regulations on the expropriation and compensation of houses on state-owned land in 2011 made the regulations in favor of the owners of the houses, but they did not include the lessees in the category of compensatory subjects. Because of the separation of the owner and the lessee in the expropriation, how to coordinate the interests between the two is directly related to the smooth progress of the expropriation. In expropriation, because of the lack of legal status of lessee, the protection of its rights and interests is greatly hindered. The dispute between the expropriator and the expropriated person is difficult to be solved reasonably because of mutual evasion of compensation. The refusal to move has hindered the process of expropriation and caused many contradictions because of the lack of attention to the demands, which have to arouse the attention of the whole society. This paper first clarifies the basic connotation of house expropriation, reflects on the basic nature of housing lease right, then makes a survey of relevant legislation, and finds out that the lessee's rights in expropriation have experienced three stages: comprehensive protection, restriction protection and termination protection. The lessee is one of the interested parties in the expropriation and has made special sacrifices for the social and public interests, but the change of the law makes the lessee who should be compensated is in the absence of the law and the relief of the right is in a vacuum state. Then we analyze the protection dilemma in depth and draw a conclusion that it is the result of both legal and political factors. It is necessary to clarify the legal status of the lessee in the expropriation legislation in order to change the unfair situation and make the expropriation work more smooth. The acquisition of legal status needs to be supported by certain legal theories, so the author explores a new legal theory to protect the interests of the lessee, that is, the theory of registration antagonism. Where the registered lease right can directly request compensation from the expropriator, the unregistered one can only apply to the lessor for damages for breach of contract according to the lease contract. This kind of registration and filing fully embodies the value of safety and efficiency. It not only maintains the basic concept of relativity of contract and autonomy of party's will, but also effectively protects the legal rights of lessee, and strictly implements the related requirements of real estate management and tax payment in our country. On this basis, the full compensation system is established, so that all kinds of expropriation related persons can legally and reasonably enjoy their rights and seek relief.
【学位授予单位】：北京化工大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.3;D923.6
【参考文献】
相关期刊论文 前3条
1 金可可;;基于债务关系之支配权[J];法学研究;2009年02期
2 朱燕;;从土地“开发”看听证制度的完善[J];中国市场;2006年44期
3 房绍坤;;国有土地上房屋征收的法律问题与对策[J];中国法学;2012年01期
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