The Property Rights Protection Of The Relocated Households

Since the reform and opening up has been for 30 years, China is undergoing a great and profound social transformation along with the evolution of modernization and urbanization. The transition centers city, during which the population has increased dramatically, and the scale expands unceasingly. Urban housing levy dispute has been the focus of petition, taking up 40% of the total social petitions. Urban housing levy has become the most serious social problem, and an important factor to trigger social instability. Although guaranteeing private property right was added to the constitution in 2004, and the regulations of housing levy and compensation on the state-owned land has been issued recently, the problems in reality still require us to deeply reform the law system of housing demolition and levy. In order to solve these problems and better maintain the expropriated property interests during the demolition, four parts are detailed analyzed, which include urban housing levy, examples of the expropriated property rights'legal protection symptoms, the defects of the expropriated property rights'legal protection and the perfection of the expropriated property rights'legal protection.Urban housing levy is introduced in part one. Firstly, urban housing levy is reviewed, including contents definition, nature and purpose of urban housing levy, understanding of the expropriating people and the expropriated, analyzing property rights and interests from such two aspects as the house ownership of the expropriated, the right to use construction land. Secondly, the reform of Chinese urban housing levy'legal system can be classified into starting, growth, maturity, transition period, which are analyzed in detail.Examples of the expropriated property rights'legal protection symptoms are introduced in part two. In the beginning, such typical cases as"the most stubborn persons to resist moving"in Chongqing, an old woman buried alive for her resistance of compulsory demolition in Wuhan, two people dead and one person injured in self-immolation during Yihuang's demolition. Then, six aspects concerned with the expropriated property rights'legal protection symptoms are summarized through representative cases. They are the expropriated being in inferiority status, the defect of the expropriated right to know something, serious problems of levy compensation, improper practice of government administrative power, compulsory demolition leading to the proliferation of violent levy, and the lack of effective remedy ways.The defects of the expropriated property rights'legal protection are showed in part three. At first, the defects in urban housing levy's procedures construction are analyzed, covering defects in planning procedures, incomplete evaluation procedures, problems caused by compulsory demolition during levy procedures. Next, problems relative to urban housing levy and compensation mechanism are analyzed, including defects of compensation programs, lack of diversity in compensation methods, insufficiency of housing levy and compensation funds'regulatory system. At last, relevant legislation situations of urban housing levy are demonstrated, which cover relevant legislation system of current urban housing levy and the shortage of urban housing levy's relevant legislation.The perfection of the expropriated property rights'legal protection is displayed in part four. Firstly, housing levy's procedures construction should be perfected from four aspects, including introducing hearing system of planning procedures, regulating expropriation procedures of housing levy and compensation, perfecting evaluation mechanism of levy price, and restricting execution procedures of compulsory levy seriously. Secondly, city housing compensation mechanism should be perfected by expanding compensation programs, optimizing current compensation methods, and perfecting supervision system of levy and compensation's resettlement funds. Finally, relevant legislations of urban housing levy should be perfected by learning from levy legal system of Taiwan and overseas countries.In the thesis, the legal protection of the expropriated property rights and interests in urban housing levy is treated as the stating point. Combined research methods like theoretical analysis and empirical analysis, longitudinal comparison and transverse comparison are adopted. Next, problems and their reasons are found from the cases, and then the defects of their existence are analyzes. In the end, countermeasures are sought for within my ability, trying to make the expropriated property rights and interests protected effectively.