Tenant Rights And Interests Affirmation In The Expropriation Procedure Of Properties On State-owned Land

“Regulations on the Expropriation&Compensation of Properties onState-owned Land” was announced and came into effect on January21st2011, whichreplaced the former “Regulations on the Demolition of Urban Premises”. The majordistinction between the two Regulations hereinabove is that the new regulations nolonger endorse the expropriator’s obligations to the tenants. Nevertheless, the propertyexpropriation inevitably will bring about inconvenience and loss to the tenants, it isunjust not to extend the protection and relives to them. Meanwhile, as the actualoccupants of the properties, the tenants would tend to defy the expropriation whenone’s rights and compensation are not affirmed, which may eventually lead to socialinstability.In the purpose of preventing the situations set forth herein by protecting thetenants’ rights and interests and regulating the equity distribution between the tenantsand other personnel involved in the expropriation, as well as ensuring a smooth andorderly eminent domain proceeding, the author discussed the tenants right in thebelow aspects based on both judicial doctrine and existing practice:Primarily, the author classified the tenants by the nature of the ownership andusage of the properties, thus confine the subject in discussion to the tenants of thenon-public owned and non-residential properties.The second part of the thesis analyzed the current practice and judicial precedents in tenant protection.Furthermore, various theoretical basis and its practice in other judiciaries wereput into contest in the third chapter.Ultimately, the thesis concluded on the necessary modification in both civil andadministrative law as well as its respective application in property leasing contractand litigation skills in the judicial practice.