A Study On The Perfection Of Administrative Procedure Of Urban Housing In Yangzhou City

Since 1990s, along with the speeding up of the process of urbanization in China, the contradictions in urban housing levy have become more and more acute. Some problems even evolved into rebellions and put the local economics and social stability into a mess. Observing most of the contradictions, it is not difficult to find that one of the main causes of the conflicts is lack of impartial, reasonable, complete and specific administrative procedures in urban housing levy. It is worthy of attention that whether there are procedures to ensure the legal principles to be implemented in the course of the actual operation of urban housing levy. Therefore, it has important practical significance and policy value of this thesis to take the city of Yangzhou as the research object and describe the actual situation of administrative procedures in urban housing levy, and make a profound analysis on the existing problems and put forward the thorough countermeasures.Based on the literature review and theoretical analysis, the theoretical basis of urban housing levy administrative procedures include the theory of due process, balance theory and the theory of good governance. The thorough administrative procedures in urban housing levy should follow the principles of public participation, fair compensation, supervision and relief. The thorough administrative procedures in urban housing levy should include the administrative procedures before urban housing levy, namely the public benefit identification procedure and public participation procedure; the administrative procedures during urban housing levy, namely the assessment according-to-law procedure, fair compensation procedure and enforcement procedure; the administrative procedures after urban housing levy, namely supervisory procedure and relief procedure.Based on the field investigation of the urban housing levy administrative procedures in Yangzhou, this thesis finds that:the administrative procedures before urban housing levy at present in Yangzhou include planning the urban housing levy programs and examining the applications for urban housing levy, designating housing levy departments and implement units and making preliminary investigations, releasing levy compensation schemes to solicit public opinions, releasing levy decision and implementing the compensation costs; the administrative procedures during urban housing levy include selecting levy assessment institutions and service organizations, implementing assessment, signing and performing the compensation agreements; the administrative procedures after urban housing levy include establishing expropriation compensation archives and auditing the compensation results.Compared empirical analysis results with thorough urban housing levy administrative procedures, this thesis finds that there are seven problems in Yangzhou urban housing levy administrative procedures:lack public benefit identification procedure, lack civil participation, unfairness in assessing process, improper compensation standards, anomie of the levy service agencies, unfairness in elastic compensation, lack smooth channels for supervision and remedy. Through the analysis in the thesis, it is concluded that the reasons of above problems lied in the urban housing levy administrative procedures in Yangzhou are as follows:insufficient of public participation, incomplete information disclosure, and ineffective supervision and relief.This thesis puts forward suggestions that it is necessary to improve administrative procedures before, during and after the urban housing levy in Yangzhou at the same time, and the specific recommendations are as follows: establishes the public benefit identification procedure and information disclosure procedure, completes the public participation procedure before the levy, standardizes the assessment of compensation procedures, introduces the third party to jointly manage procedure and improves the enforcement procedures during the levy, and reinforces the process of supervision and relief after the levy.