Study On Civil Liability Of Housing Assessment Agency With Regard To False Assessment

In the course of urban demolition and relocation, the protection of the relocated households has been a hot topic and with regard to it, the government has laid much emphasis and the scholars are doing deep research, trying to minimize the damage to the interests of the relocated households in a legal, administrational way. However, it must be noted that the facts that the interests of the relocated households are infringed on are always recurring, triggering many conflicts and even mass incidents. The author researches and analyses such incidents and finds that some disputes is due to the relocated households’discontent with the results of assessment reports. Theoretically, the assessment reports that house assessment agencies provide are important base for compensation, and protect the interests of the relocated households; if such reports are false, how can the relocated households as inferior protect their interests. The problem is harassing the practices and the author wants to find the resolution to it. Based on how to protect the interests of the relocated households and to prevent the conflicts and disputes, the paper aims to discuss the civil liabilities with regard to false assessment reports by house assessment agencies and hopes to make contributions to the demolition and relocation in China by comparison analysis and normative approach.The paper includes four parts. Part Ⅰ analyses the nature of the civil liabilities of with regard to false assessment reports by house assessment agencies, and ascertain the false conducts through the legal theories of the civil law system and the common law system and determines the remedy principles. Part Ⅱ analyses and ascertains the constituent elements and liability basis of false assessment to determine the civil liabilities of house assessment agencies. Part Ⅲ is mainly about the bearing of the liabilities of house assessment agencies and immunities. Part Ⅳ puts forward several suggestions with regard to legislation after introducing and appraising the house assessment systems abroad and the status quo of house assessment in China and Chinese laws related to house assessment.Meanwhile the author hopes to reduce the disputes in the course of demolition and relocation and to promote social stability through the research into the civil liabilities of false assessment by house assessment agencies.