Study Of Urban House Demolition Compensation System

During the development of urban economy, it is necessary to pull down the old house and relocate. The government can expropriate the private house in order to public interest, and the government has to compensate the owner of the house. This is the principle of "ownership's public duty " . It is also the foundation of the resettlement of urban housing.The appropriate procedure is one of the important measure to insure the government exercise expropriation powers, it's also the most important means to protect the house owner's rights. Therefore, to formulate the fairness and transparent procedure in the resettlement regulation is very necessary and important.The resettlement of urban housing in China has undergone three periods of development .The administrative regulation of urban housing has been adopted by the State Council on June 6th, 2001 , and shall come into effect on November 1st, 2001. The new administration regulation is more pay attention to protect legal right of the house's owner, and they can choose one of means of the compensation the money or exchange of the titles to housing. The land expropriation law should be formulated in the future in China, and it is the basis for resettlement of urban housing. The law should make definite the government has eminent domain only for the public interest, and compensate to the owner of the housing that is to be relocated by the evaluated price at real estate market. All these procedure must be fairness and transparent to the parties involved in resettlement.