Research On The Legal Issues Of Urban House Compensation Of Expropriation On Basis Of Property Law

Compensation of urban housing expropriation is a complex and difficult systems engineering, different interests involved, if not handled properly, may lead to serious social problems. Property law of the People's Republic of China, for the purpose of regulating the behavior of house demolition, and then to protect the private property of citizens to play an important role. In this context, this paper from the analysis of the urban housing demolition reality, elaborates, "Property Law" on urban housing and Compensation System of and compensation principles, scope, standards and procedures discussed to on the basis of the Property Law how to establish a fair, reasonable Compensation System:The first part of the paper discusses the property of existing urban house dismantlement mode and compensation system, emphatically from the current urban house dismantlement mode and compensation system and law of the modified two aspects, the collection on nature of the unified and clear, direct further adjustment for "urban housing expropriation regulations provided legal basis, reflected the property law legislation on social issues of dismantlement of houses in response to expropriation system, perfect.In part 2, 3 and 4 main points, mainly discusses urban housing expropriation compensation principles, scope, standards and procedures. According to the analysis on foreign expropriation principle, combining the actual conditions of our country at present, I think the urban housing expropriation compensation should be in full compensation for the principle. The compensation scope should be included three parts: compensation for use land, ownership of urban housing compensation and other intangible interests. Compensation principle embodies completely. The compensation standard should be the fair compensation according to the market price, and the way of compensation, can continue to be the real compensation or monetary compensation and its combination of.Final part of urban housing collection of compensation program and dispute resolution procedure, this paper argues that urban housing expropriation compensation program should be perfected procedural rights is expropriated, protect the lawful rights and interests is expropriated, Compensation is the collection of valid constituents in the house dismantlement shall be completed before, Housing collection must hold hearings, etc. Collection of urban houses of dispute handling procedures and compensation from the expropriation on the decision problem, Can not reach an agreement of compensation and resettlement for processing, was expropriated nonperformance or enforcement of such decision analysis.