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【裁判要旨】老私房,是指在住房市场商品化之前,历史遗留下来的私有产权房屋。其内部人员结构复杂化、人员权利划分趋同化、拆迁居住利益混合化等问题,致使其动迁利益的分配与处理难度加大。审查与处理因老私房动拆迁而引发的动迁利益分配问题,应当注重依法保护老私房所有权人的私有权利。在动拆迁利益的具体处理上,应从老私房动迁利益的财产性质、分配范围、居住权益保护、司法裁量与处理等方面逐一分析,综合考虑,兼顾与保护各方权益。
Referee essence] Old private house, refers to the housing market before the commercialization of the legacy of private ownership of housing. The complicated internal staffing structure, the convergence of personnel rights division and the mixed benefit of residential demolition and relocation make it more difficult to distribute and handle the interests of relocation. Examining and handling the distribution of relocation benefits arising from the relocation of old private houses should pay attention to protecting the private rights of the owners of old private houses in accordance with the law. In the concrete handling of interests of demolition and demolition, we should analyze one by one from the aspects of the nature of property relocated by the old private houses, the scope of distribution, the protection of the rights and interests of residence, judicial discretion and handling, and take comprehensive consideration and consideration of and protection of the rights and interests of all parties.