Studies On The Law &Institution Issues On Reconstruction Of Villages In City

The booming urban construction in the past twenty years of China results in the rapid increase of building land, which made the local governments, brought the village collectivity-owned land that used to be surrounded to the town into urban planning area with large scale. In that process, most Collectivity-owned agricultural land was expropriated in capable of the urban development, thus the Collectivity land ownership was transformed to Nation land ownership . Meanwhile , most land used as village infrastructure and farmers's houses land remain to be collectivity-owned ,those living communities developed in such area are now becoming so-called Village in City .The Reconstruction of the Houses in Village in City is such an activity that reconstructs the whole village in the land which has been expropriated by the government from the villages . Since the reform of land- usufruct institution was carried out in the near past , the law and institution which standardizes expropriation upon Collectivity land ownership and reconstruction of the houses in Village in City remains far from maturity in the levels of legislation and litigation , the modes of reconstruction of various districts varies much throughout the whole nation . Alongside the acceleration to the urban construction was solicitation to mass social conflicts which may performed as lawsuits and other modality .The parties involved in the reconstruction of the houses in Village in City include but not limit to such parties : reconstructing party , the party to be removed that is also the owner of the house and the land- usufruct , the local government , the local Administrative Bureau of Nation–owned Land Affairs , the local Administrative Bureau of Town Planning , the local Administrative Bureau of Urban Construction Affairs . The legal relationships that are involved in the reconstruction includes but not limit to the following : the expropriation upon Collectivity land ownership , the real estate valuation , the compensation for house removal , transformation from farmer's house land- usufruct to construction land- usufruct on Nation–owned Land , the remising of construction land- usufruct on Nation–owned Land to new constructer that may be one department of local government or real estate enterprise resting with the purpose of the reconstruction , the removal of houses , the compensation to the owner of houses , the construction of new premises . Among such complicated relationships , the most vertical and most core legal relationships are the alteration of rights upon the land during the reconstruction process and the mechanism of compensation .This thesis analyses contemporary Chinese Institution system of Reconstruction of the Houses in Village in City , giving the example of reconstruction mode in Qingdao City Shandong Province . The author penetrates into the most vertical and most core legal relationships --the alteration of rights upon the land during the reconstruction process and the mechanism of compensation. For liquidating the legal procedure of Reconstruction of the Houses in Village in City , the author discusses the primary law theory and the juristic character together with the function and the legal relationship involved in Reconstruction of the Houses in Village in City . The author hopes such study could be helpful to consummate the institution and be helpful to solve conflicts in the practice and prevent the juristic risks ultimately .This thesis comprises four parts:The first part is Panorama of Reconstruction of the Houses in Village in City , discussing the concept of Village in City , the deep-seated reason of Village in City Problem , the concept of Reconstruction of e Houses in Village in City , giving the jural base of Reconstruction . Giving the example of reconstruction mode in Qingdao City Shandong Province. The Qingdao mode is carried out as following: organized by the local government, the reconstruction project should be remised by biding in publicity; strong real estate enterprises are encouraged taking part in the Reconstruction. And the author argues six kinds of prominent confusion in contemporary Reconstruction with attitude relating to practice .The second part discusses the alteration of rights upon the land during the Reconstruction process as the alteration of rights to the reconstruction, the part is the very core of this thesis. The rights upon the Collectivity-owned land undergone double transformations during the whole reconstruction period concerns land ownership and land usufruct. In respect that the ambiguity of legislature in this realm at the present time, as well as the faintness of the Common Interests which is the presupposition of the expropriation of land ownership makes the procedure flooded with dense fog .The Administrative power performs as the leading role in the transformation,so it shows to be the crucial theme to balance the rights of the village collectivity and farmers and the power of local government .The third part treats the mechanism of compensation in the Reconstruction from three aspects. The character , the ascertainment of the compensation standard and the methods to confirm the compensation. The compensation is a civil legal relationship; the object to be compensated can only be the owner of the houses and whose attachment who is the party holds the land usufruct. With a reference to , we can conclude that the compensation can be house replacement or evaluative compensation, testing with the choose of the party to be removed. At present the mechanism is controlled by the local government, so the claims of the other parties tend to be neglected, making the absolutely private issue becoming an administrative affair, which is against the principle of intention liberty. The mechanism is prone to results in corruption. In the other hand, it is hard for the justice remedy manipulate effectively when contradiction such appears. For these reasons, it is necessary to introduce a reformation of the mechanism, the most important of that is change it into a private law mechanism.The forth part provides the assumption to reform the institution of Reconstruction of the Houses in Village in City from the following aspects: first, restricting the scope of administrative power to land expropriation,; secondly, making it legal for farmer's house land usufruct; thirdly , consummating the compensation rules ; fourthly, strengthening the justice remedy function . Additionally the author his suggestion about the reformation of compensation system: amending the whole system according to the Property and Ownership Code and distinguishing the kind of the Reconstruction .