A Study On The Legal Problems Of Housing Expropriation And Compensation In State - Owned Land

The essence of housing levy is the use of existing problems in land, is the redistribution of land interests. City housing levy is brought about by the city of our country industrialization, accelerating the development. In our country, with the continuous economic city, the process of urbanization, city scale is continually expanding, become scarce city planning is not reasonable and the city construction land to drive a city to change process bottleneck. Along with the large-scale city construction, demolition and housing levy situation more and more, all over the country house expropriation caused a lot of conflicts and disputes, and even lead to some tragic events, in order to anti migration and self Immolation, Dutch act event is staged continuously,"nail households" began to emerge in an endless stream, have had a bad influence. Since then,"highly concerned about the relocation" started by the theory, practice and all levels of society, reform the old demolition system brought about social problems become the joint efforts of all sectors of society. This is according to our country in January21,2011the State Council issued a new "state-owned land on the housing levy and Compensation Ordinance" and the relevant legal system, through analyzing the current situation of China’s state-owned land on the housing levy and Compensation Ordinance, in China at the present stage of state-owned land on the housing levy and compensation problems in the work, and seek the way to solve these question, consummates our country state-owned land on the housing levy and compensation system. This article is divided into third main parts.The first part is state-owned land on the housing levy and compensation overview. This part mainly discusses the housing levy and compensation of state-owned land on the basic principles to follow, the definition of expropriation and compensation theory and the housing levy and compensation in the process, in order to clear the expropriation and compensation concept at the same time, understanding in the social and economic development process why housing expropriation, and compensation according to the theory of. The main purpose of state-owned land on the housing levy is to recover the housing occupied land use rights, so it relates to the housing levy, to be imposed on the housing levy made special sacrifice, but the special sacrifice is for the purpose of public interest, so the need of equal public burden. At the same time, the state-owned land on the housing levy and compensation to democracy and openness, fairness and justice as the basic principle, to regulate the government’s expropriation activities and protect the legitimate rights and interests of the expropriated.The second part of state-owned land on the housing levy and compensation problems.As the housing levy and compensation of the premise of the public interest, due to their own concept of uncertainty, resulting in China’s practice of public interest in the range is too wide, abuse of government expropriation of the right to exist.The right to the use of the land on the housing levy and compensation provisions of the compensation is fuzzy, clearly defined no, illegal structures were excluded from the compensation to the column, the lessee’s legitimate rights and interests are not compensated. And make a collection of real estate valuation institutions housing prices assessment of the lack of neutrality in the evaluation process, the evaluation of the value of the houses to be expropriated to justice. On the compensation of the expropriated, the law clearly stipulates the expropriated can choose monetary compensation, also can choose housing property transfer, but the fact is that China’s housing expropriation of property transfer condition is not achievement. The housing levy and compensation of public participation in the lack of procedural safeguards, the reason is the dislocation of each participant role in housing levy. The judicial organs housing levy in the independence of the affected by the administrative organ of justice, judicial challenges.The third part consummates our country state-owned land on the housing levy and compensation system. This part is mainly for the second part of the question, put forward to improve the housing levy and compensation recommendations. The judgment of the public interest as defined mechanisms adopted procedures, the right to reduce the phenomenon of abuse levied against the government the right to determine the public interest to control.Expand the scope of compensation for expropriation, minimize the expropriation losses, and strive to achieve fair compensation. By specifically to be imposed in the expropriation and compensation in the dominant position, increase the degree of openness of government information, the improvement of hearing system to protect the housing levy in the public participation. The unfair situation of judicial adjudication, the judicial independence of strict examination, judicial decisions and administrative judicial execution separation and justice as the premise, improve the fairness of compensation housing levy in our country judicial ruling relocation.Also recommended the development of a unified "Executive Compensation Act"in our country,so that the housing levy to compensate a clearer legal basis,improve our housing levy compensation system.