| In May 2020,The Civil Code of the People’s Republic of China was officially promulgated,and the right of habitation system was determined in the form of a special chapter,which met the urgent needs of contemporary social judicial practice and was a major step forward on the road to the rule of law in my country.When the right of habitation is extinguished due to the expropriation of the house,and the holder of the right of habitation loses the status of the subject of the right and the basic survival interests above the right,it is necessary to consider whether the holder of the right of habitation is entitled to compensation and how to compensate.According to Article 327 of The Civil Code of the People’s Republic of China,the usufructuary owner shall be entitled to corresponding compensation if his rights are damaged or eliminated due to expropriation.As a usufructuary right,if the right of habitation is destroyed due to the expropriation of the house,the subject of the right seems to be able to claim corresponding compensation according to the provisions of this article,but it is found from judicial practice that the provisions of this article are too principled and it is difficult to protect the legitimate rights and interests of the holder of the right of habitation.The Regulation on the Expropriation of Buildings on State-owned Land and Compensation does not grant the compensation status to the residents,and the way,standard and scope of compensation are not based on the evidence,which leads to the difficulty of the right relief in the expropriation of houses,and the same is true in the expropriation of houses on collective land.Compared with other rights such as the right to rent and mortgage,the subject of the right not only has substantive rights,but also has certain procedural rights in the process of housing expropriation.As a usufructuary right,the right of habitation not only has its own economic value,but also plays a direct social security function.When it is eliminated due to house expropriation,it is also a special sacrifice made by the subject of the right for the public interest,and it should receive corresponding compensation.To break through the situation that the compensation of the right of habitation is restricted by many factors in the house expropriation,the first thing we should make clear is that the right of habitation is the property right set by the owner of the house,so the subject of the right can not get independent compensation in the house expropriation.Secondly,on the basis of clarifying the principle of residence right compensation in house expropriation,it is necessary to establish the status of "interested person" of residence right holder,so as to ensure that he is the eligible subject of expropriation compensation.In addition,the necessary procedural rights should be given to the residents,and the relief approaches in the house expropriation should be made clear.Finally,the method,standard and scope of the right of habitation compensation should be clarified to ensure that the right of residence can be compensated fairly and reasonably. |
