A Study On The Enforcement Of Housing Expropriation On State - Owned Land

The state-owned land on the housing levy and Compensation Ordinance (draft) was approved and commenced on the141th executive meeting of the Sate Council in January,2011. The provision of the no.53section of the ordinance is that:The urban housing relocation management ordinance, which is promulgated by the State Council, is abolished at the same time. Compared with the old one, the new ordinance provides that the housing levy should apply for judicial enforcement instead of administrative coercive execution, which arouse wide concern and discussion. The new Ordinance has more legality, which helps pushing forward administration by law to uphold citizen legitimate interests and social public interests.This research aims to discuss the compulsory execution according to The state-owned land on the housing levy and Compensation Ordinance. My research aims to analyze the Legislative status、practical status and current significance of the state-owned land on the housing levy and Compensation, from its present condition. Based on that argument, I would like to do my research form the concepts, historical reform of its system design to the comparison with similar rules and regulations of other countries so as to find the problems and causes during the compulsory housing levy in our country. Currently, we have some problems in the state-owned land on the housing levy and Compensation Ordinance, the ambiguity of the executive agent of housing levy, the conflict between the administrative remedy and the non-stopping enforcement during administrative review and the possibility of the judicial injustice. All the problems listed come not only from the lack of legislation but also from the disoperation. So I would propose three arguments to improve the process of housing levy. The first one is to complete the legislation and judicial system. The second one is to enhance top-level design of the rule in order to explore a new way to separate judge and execution. The last one is to develop a training plan for government officers so as to coordinate all the social resources.