| As a system which only exists in China and brings many disputes to present economic life, urban housing removal is based on the separation of land-ownership and housing-ownership. The core of it is compensation. However, nowadays there are many problems about urban housing removal compensation, and the lawful rights of the households are often infringed during the procedure of building demolition and relocation. Property Law of the People's Republic of China issued in Oct. 2007 overthrows the present system of urban housing removal, so to improve and perfect certain laws is of great urgency. Thus the author of this article made certain research on the system of urban housing removal compensation.Using normative research methods and starting from theory of urban housing removal compensation, the author analyzes the defects in the present system of urban housing removal compensation and uses the systems of compensation for expropriation in foreign countries for reference, and also gives advices on how to improve housing removal compensation system in China.The article is made up of five parts. The first part describes the background and current situation of the research subject. The second part outlines the urban housing removal compensation system from four aspects: the concept of housing removal, the concept of housing removal compensation, the theoretical source of housing removal compensation and certain legal requirements. The third part analyzes the system of urban housing removal compensation in China from three aspects: the history of the system, the legislative authority of housing expropriation and removal compensation, the legal defects of urban housing removal compensation. The fourth part mentions the principle, the limit, the pattern and the procedure of compensation in expropriation compensation systems of other countries, and concludes the enlightenment gained from them. Basing on the Property Law and certain relative laws, the fifth part gives advices on how to improve and perfect the urban housing removal compensation system in China. For example, the Constitution provides certain issues including giving complete compensation as the principle of housing expropriation, extending the limit of expropriation compensation, raising the standard of expropriation compensation, creating more compensation patterns, setting up hearing system for expropriation compensation, scientifically managing the procedure of expropriation compensation and improving the relief system for expropriation compensation. |
PDF Full Text Request