With reference of the experience of the expropriation of and compensation for houses on state-owned land system and foreign relative legislature this paper centers on the expropriation of and compensation for houses on state-owned land system and expounds Regulation on the Expropriation of and Compensation for Houses on State-owned Land. Finally, it discusses solutions and puts forward a series of constructive opinions from the the angle of protecting private property rights.The paper is composed of four chapters:In the first part the paper introduces the basic theories of the expropriation of and the compensation for houses on state-owned land. It discusses the compensation process under the current modern, especially some basic issues, on the basis of defining the expropriation of and the compensation for house and introducing the characteristics and legal grounds for China's current compensation system.The second part compares the expropriation of and compensation for houses with original minimum compensation system and analyses the progressive significance imposed by the current expropriation and compensation system. Then the author dissects the breakthrough and improvement on the determination and compensation subjects, the establishment of fair compensation principle, the enhancement of the public participation and dispute resolutionchanneled into judicial proceedings based on the original minimum compensation system.Part three analyses the problem existing in the current expropriation and compensation system and focuses on discussing judicial practice and relevant legal provisions of our country from the following aspects:the range of compensation, the standards of compensation, the relief ways of dispute.The last part of this paper puts forth some suggestions on resolving the problems remaining in the current expropriation and compensation system.The expropriation of and the compensation for houses involves in several legal institutes, ranging from civil law, administrative law to procedure law. The contradictions in compensation are embodied in the conflict between the public power and the private rights. From a historical point of view, our country puts pubic right front and centre and gives a cold shoulder to the protection of private right. With the national circumstances changing, the protection of private ownship should be enhanced to a new level, and one of the critical ways is to keep working to get the best legislation and establish a truly fair and just system of expropriation and the compensation. |