Study Of House Demolition Administrative Compensation System

As cities planning and urbanization accelerates, the land confiscations and the relevant compensations are becoming socially hot issues. At present, however, there is no any uniform opinion to the land confiscation in the Chinese cities. Although there are some basic rules on the compensation for the confiscated land, they are so different from city to city that there is not a perfect system on compensation for the confiscated land. Therefore, to establish a perfect administrative compensation system in China for the confiscated land with the properties on it is a necessary way to settle the disputes brought by land confiscations.The article consists of four parts talking about the establishment of the compensation system for the confiscated land with the properties on it.PartⅠis to define the land confiscation and its compensation. According to the usufruct of the state-owned land, firstly, the part talks about the land confiscation types and their relevant characters and concludes that the actual confiscation of land with properties on it is an administrative deed. Secondly, the part briefly discusses the definition of compensation for land confiscation, and specifies the compensation's reason, purpose, compulsion and fund sources, and points out that the compensation is an administrative one.PartⅡconstrues contrastively the systems of the administrative compensation for the confiscated land with properties on it in other countries and regions such as the US, Germany, Japan and Chinese Taiwan, and concludes some helpful experiences and references.PartⅢanalyzes the status quo of the Chinese compensation system for land confiscation. Since the new Supervising Rules on Urban Confiscation of Land and Properties was put in practice on November 1, 2001, most of local rules, regulations and standards on compensation for the confiscated land and properties have been adjusted or regulated according to local situations. However, there are still many flaws or problems in the Chinese compensation system for the confiscated land and properties legislatively and practically. Firstly, legislatively on one hand, the new Supervising Rules on Urban Confiscation of Land and Properties does not clearly distinguish the purposes of land confiscation, and is lack of concrete regulations on compensation for the usufruct of land. Also, the Rules define the land confiscation executer so equivocally that it can not distinguish compensation categories. On the other hand, when it comes to the local rules or regulations on land compensation, some are not so feasible and some are beyond legislature, playing down standards on compensation. Secondly, practically, the current compensation ways such as cash and transposable of house property are greatly deficient in China: the evaluation of house property is not sound, and the evaluation agents are not neutral, and there is no compensation for the usufruct of land. Besides, there are many problems brought by the compulsion of government's guide price and the transposable of house property.PartⅣ, the main body of the article, mostly analyzes the necessity and the feasibility of establishing an administrative system of compensation for the confiscated urban land and house in China, describing a legislative framework. Meanwhile, the part talks about several important issues that should be settled in the process of perfecting the administrative system.Firstly in the legislative framework, the part mainly talks about principles, categories, standards, ways, procedures, and remedies of the administrative compensation for the confiscation of urban houses. The author makes conclusions that: the principles of the administrative compensation should be fair, timely and market-oriented; the usufruct of the confiscated land and the invisible loss should be compensated; the compensation can be the transposable of original property rights or the combination of the transposable of original property rights and the compensation in cash; the compensation's administrative and judiciary procedure should be constituted; the confiscation parties can apply for administrative arbitrary or directly resort to judiciary remedy rather than administrative arbitrary in case the parties can not make an agreement on the compensation ways. Secondly in the practice, three systems should be established: first, the system of the transposable of original property rights that multiple compensation ways and quotes of allocation should be supplied to the owner of house; second, the sound and efficient system of house evaluation; third, the public development system brought from western countries, which can prevent from power for rent and reduce the compensation disputes.