被征收房屋承租人之权益保护问题

Analysis of the Protection of The Tenants' Rights and Interests on the Levied House

《国有土地上房屋征收与补偿条例》的实行使得征收过程中承租人权益保护问题更显严峻。学界以往对拆迁中的权益保护问题讨论虽多,但基本上是从所有权人切入,从承租人的角度看,征收过程中的利益大体为三部分:承租人权益保护的立法状况、承租人权益应受保护的理论基础以及承租人具体权益样态。

With the implementation of Regulations on the Expropriation of Houses on State-owned Land and Com- pensation, the protection of the tenants＇ rights in the process of expropriation becomes more severe. There has been much discussion on protecting rights and interests of the tenants, while mostly starting from the view of the land-own- ers. This paper will start from the tenants＇ position to make a brief analysis of protection of rights and interests in the process of expropriation. And this will mainly focus on the legislation on tenants＇ rights and interests protection, the- oretical basis of why tenants＇ rights and interests should be protected, and the specific rights and interests of the ten- ants.