Research On The Legal System Of Compensation Collecting Of State-Owned Land Use-Right

The Purpose of urban-housing demolition focus on land, State-owned land-use right is the fundamental purpose in the interest competition. The design, architecture and configuration of concepts, systems and the specific rules shelter and water down the state-owned land-use right from the "Urban-Housing Demolition Management Regulations" (hereinafter "Ordinance") to "The housing levy on state-owned land and Compensation Ordinance", The deviation of the ideology of this legislation and Philosophy-guiding resulted,which obvious institutional mishap and systemic flaws mishap, it needs to be uncovered and re-injected in theory, to highlight and demonstrate ideas of the legislative protection of the state-owned land use right.Based on the research of paid solicitation system of state-owned land-use right, it concludes the substance of Urban-Housing Demolition neither the housing levy by the positioning of "ordinance", nor to early recovery of land-use rights, it Includes the housing levy and levy of state-owned land use right. For the compensation of recovery of state-owned land use right, approach of type should be adopted, distinction between compensation of land use-right of the transfer and compensation of land use right of assign. The compensation problem system for land-use right of transfer, Authors find principles, standards and other factors of compensation appearing the"avoid" "weakening", "empty space" phenomenon in the current legislation and practice,trying to standardize the analysis of value and empirical analysis of facts as the Way, Otherwise, the "settlement" system which protects the right of residence as the value orientation has obvious advantages, and has a strong appeal in legislation and practice, In the context of this trend, the work main study the difficulty which is expected to value-added benefits of land ownership in-depth, That the such expected value-added benefits should be returned to society, and the trust funds is settled in accordance with the mode of management and operation by the Government, And eventually to return to society by public use means or public purpose. About the land-use rights, Academic paper has broken the view which early retirement of the land use rights without compensation, and has detailed argument should recover appropriate compensation for early recovery of the land use rights, At the same time, That the expected vested interests value for land-use right should be returned to society, and the trust funds is settled in accordance with the mode of management and operation by the Government, And eventually to return to society by public use means or public purpose. Finally, Paper reviewed the department of the anomie of "ordinance" form level, logic level and the value level. From the formal level, "ordinance" has no outstanding and demonstrating the spirit of protection of land-use rights; from the logical view, "ordinance" follow the provision of "Regulations" which relevant compensation rules of paid attention to building and ignored "land"; from the value view, "Ordinance" ignored the Legislation of compensation for land use rights. Final the paper make appropriate recommendations for improvement.To further demonstrate above-mentioned point of view, Article consists of four parts. In the first part, Authors interpreted between Urban-Housing Demolition and state-owned land use right from a jurisprudence perspective, this is the prerequisite and basis for land use right compensation system. To explain the relationship, this part firstly in-depth analysis the existing "regulations" provision which configuration like-stating of the right and obligation between government and the demolition, the architecture style of right and obligation between demolition and the demolition, draw the nature of the demolition legal relationship of existing "Regulations" neither civil contract nor administrative collection, and the legal nature of Urban-Housing Removal appear the orientation of unknown, ambiguous, this is the root cause which current "regulations" has obviously theory mishap and system defects, and propose the view which the urban house demolition should be located in administrative charge, and propose the configuration and architecture of the specific system should be based on the idea of administrative charge, This is change completely of house relocation, at the same time, article study logic changes of the current state-owned land-use right, and detailed analysis kind-stating of state-owned land use right of on the history and reality. Eventually concluded that the relationship between Urban-Housing Demolition and state-owned land-use right, which includes the legal nature of Urban-Housing Demolition is the levy of state-owned land-use right.In the second part, authors mainly retrieval and analysis on legislation and judicial practice compensation of land use right in Urban Housing Demolition. Firstly, the paper sort out and comment on the provisions of compensation for land use right of the existing legislation from logical view of the norms, and consider that the current legislation has many flaws relating to provisions of compensation for land use rights, specifically, in the first place,it only stop at a legal level, "regulations" which demolition activities as a direct standard does not expressly require compensation for land use rights; Second, the provisions of relevant compensation for land use right appears the contradiction in the legal system, it can be explained the justification by means of legislation and Interpretation; Third, this regulations only provides the compensation for land use right of transfer, For early recovery of a large number of allocated land use right has been treated by free in real life; Fourth, the ownership of value-added benefits of land use rights is not expected to interpretation. Next, the paper from the empirical analysis approaches of the fact, searches classic case about land use right compensation in house demolition from the practice of National Court, and carried out its assessment, it can conclude three different processing modes which compensation of the land use rights in judicial practice of all over the country:The first is clear that compensation of state-owned land use right in the house demolition compensation. Second, neither in a clear compensation for state-owned land use right in house demolition, also not clear to make exclusion rule that the compensation of state-owned land use right. Third, it makes exclusion rule that compensation for land use right. Thus, it needs legislative unity.The third part is the main part of this article, Author divide compensation for land use right in Urban House Demolition into dual mode, The compensation of land use right of transfer and compensation for land use right. The paper analysis the reason, dilemma, difficulty and way-out of the compensation in detail. About land use rights of the transfer, it is the inevitable requirements and practical demands which is to balance public and private rights, interests of land use-right man and national interests by recovering compensation, It is difficult for compensation of land use right that the attribution for the value of expected value-added benefits of land. That such expected value-added benefits should be returned to the society and the trust funds is settled in accordance with the mode of management and operation by the Government, And eventually to return to society by public use means or public purpose. For a long time, the land use rights has treated for free, Authors believe that the root causes of this phenomenon is that people view the "land use rights" of the market economy system as for"free chief allocation" of the planned economy, This paper presents, if the land use rights pay the compensation, resettlement and other costs of land development which close to or equal to the land transfer payments, when early recovery of the land use right, appropriate compensation, can reflect the fair. Finally that the expected vested interests value for land use rights should be returned to the society and the trust funds is settled in accordance with the mode of management and operation by the Government. In the fourth section, the author's review the norms of compensation of the state-owned land use right for the "ordinance". The paper insist the "ordinance" has obvious progress That collection system replace the system of housing demolition, and design,configuration and structure of concepts, systems, regulation in accordance with a general logical thinking of the imposed legal system, in fact, it is revolutionary of removal system. However, there is no improvement and innovation for the compensation of state-owned land-use right form the draft. Through research, draw three conclusions:From the logical view, "ordinance" follow the provision of "Regulations" which relevant compensation rules of paid attention to building and ignored "land"; follow the value view, "Ordinance" ignored the Legislation of compensation for land use rights. Final the paper make appropriate recommendations for improvement.