A Research On The System Of Levy And Compensation For China's Urban House

As the acceleration of china's urbanization of the city, the acquisition of house is becoming the focus of attention of the socialist market economy. At the same time, the process of property relations is more and more complicated, is becoming more troublesome. In reality of housing collection of compensation process, on how to protect the lawful property of the expropriated and the regulating the houses, the current house laws are not impeccable, and regulations exist many defects, this had resulted in disorder contradictions in urban house acquisitionprocedure endlessly.In 1991, the State Council promulgated the regulations on "The Regulations On The Administration Of Urban House Dismantlement", which marks the urban house dismantlement administrative work began to enter into the orbit of legalization and standardization. In 2001, the new "The Regulations On The Administration Of Urban House Dismantlement" had been passed, it marked the urban house dismantlement administrative work and has entered a new stage. But related legal issues weren't reduced or disappeared, even if the regulations modificated. On the 19th, Jan of 2011, the State Council premier Wen Jiabao presided the standing committee of state council, and passed "The State-owned Land Levy And Compensation Ordinance Houses" principly.What are the strong points and defects about "the new regulation"? Is there any significants for the current urban house collection of legal system consummation and practice? This article attempts to contrast between the old and new regulations, according to comparison of the theory of levy compensation, combining the working practice, sort the urban housing levy and compensation system, and puts out the deficiency of "the new regulation" and proposed perfect recommendations. This article includes four aspects:Firstly, make a brief introduction of urban housing collection, and analyze the existing conflict the root of the problem, namely urban house collection and compensation and imperfect legislation, then through reviewing the legislation process of urban house collection, drawn the discussion of "the new regulation".Secondly, analyze the contrast between the old and new regulations, mainly in the following aspects:replace "Demolition and Relocation" by "levy"; stipulate the principle of "public interest" definitely; stipulate the subject of levy and compension definitely; stipulate the order of the compension and relocation and perfect the procedures; cancele the provision of the administrative enforcement provisions.Thirdly, analyze the defects of "the new regulation", includes:no compensation for land; assess way remained to be improved; public hearing procedure prescribed insufficiently specific; problems in the implementation of the judicial enforcement.Finally, the perfection of the institution of the urban house levy and compension in connection with the defects discussed in part three:perfect the land compensation system; perfect the housing value evaluation system; perfect the public hearing system; perfect the judicial enforcement system.