On The Procedure Of The Housing Levy And Compensation Of The State-owned Land

In recent years, the urbanization pace of development in our country speeds up, urban construction shows a large-scale expansion phenomenon, the old city reconstruction and the development zone construction project emerge in endlessly, a large number of land transfers and housing levy followed. With the development of market economy in our country, gradual diversification of the main interests, increasingly complicated conflict of interests, housing levy and compensation process on the state-owned land arises a lot of contradictions and conflicts of interest, meanwhile, housing levy and compensation becomes the focus of universal concern. Due process of law is ways and means for achieving fairness and justice, which can safeguard against the misuse of government power and benefit the realization of civil rights. So scientific and reasonable procedures of the housing levy and compensation will avoid occurring compulsory relocation events, ensure social stability and promote the process of building a harmonious society in China.This article uses more standardized methods to analyze and demonstrate the legal procedure of the housing levy and compensation and present some improving suggestion. The article altogether divides four chapters except introduction and conclusion. The first chapter sets forth the basic theory on the housing levy and compensation procedures, such as the concept and characteristics, the theoretical basis, the principles of law and the value function. The second chapter summarizes the legal basis and analyses the current situation of housing levy and compensation procedures, which analyses mainly the existing and new provisions. The third chapter sets forth the major defect that the new provisions can not solve, then analyses the causes of defects. The forth chapter introduces the land acquisition procedures of United States, Japan and France, submit detailed and improving opinions on the housing levy and compensation, for example, the change of legislative concept, set the housing levy and compensation Committee, add determination procedure of the housing levy and compensation, expand the scope of hearing, improve the administrative adjudication procedure and so on.