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Research On Legal Issues Of Urban House Expropriation Compensation

Posted on:2012-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:L K JiFull Text:PDF
GTID:2216330338959406Subject:Civil and Commercial Law
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This article was written in June 2010.The contradiction in the field of compensation of urban house demolition was tensed, the legislation of it needs fundamental changes ,under this background, the article was trying to reconstruct a reasonable system of urban house demolition compensation at the basis of analyzing and criticizing the drawbacks of the present system of urban house demolition compensation, also considering the " Housing Expropriation and Compensation On State-Owned Land Ordinance " which was consulting at that time. Until January 2011, the State Council formally promulgated the" Housing Expropriation and Compensation On State-owned Land Ordinance ", this one use "expropriation" replaces "demolition" which is wrong before was a real progress. But as the conservation and limitation of the legislation itself, this ordinance set the "House" instead of the "State-owned Land Using Right" which the house sticking to as the object of expropriation, and owing to the short-time legislation , some former general problems are not well resolved .Obviously, we will not stop to improve the legislation, that is the value to study on this issue.Including the introduction and conclusion, the text is divided into five parts in total, nearly 40 thousand words.Introduction. Through the introduction of the overall situation of China's social and economic development and the development of relevant laws and regulations, this part analyzes the reasons why problems of urban housing demolition keeps growing, and proposes the view that the key to solve many problems in urban housing expropriation is how to make compensation properly.The first part, an overview of urban house expropriation and compensation. This section focuses on clarifying the concepts and theories of urban housing expropriation and urban house expropriation compensation, in order to establish a correct logical starting point for the analysis in second part and system reconstruction in the third part. First this section introduces the definition of urban housing expropriation and deviation of demolition , pointed out the essence of urban house expropriation is, based on the public interest, the collection of the state-owned land use rights by government, and cited the property expropriation theory from domestic to international to demonstrate the legitimacy of Urban Housing Expropriation. Then, urban house expropriation compensation is also defined in this part, and the part figures out that the theoretical basis of urban house expropriation compensation is on the theory of special sacrifice and burden equally. Finally, on the basis of the previous discussion, the part reveals the relationship of the urban house expropriation with the urban house expropriation compensation, and figures out the important role compensation of expropriation plays.The second part, the problems and it's causes in practice of former house demolition compensation. This part summarizes the main issues in urban house demolition compensation practice, and they are: the border between demolition for public interest and commercial interest is not clear; the scope of compensation is narrow and does not include the compensation for land using rights; compensation standard is unreasonable and low so that the interests of people can not be guaranteed; lack of due process so that people is difficult to take real participation in decision-making; relief mechanisms are inadequate , it is difficult for people to protect their legitimate rights and interests. And for all the above specific issues, through a detailed analysis , this part reveals the main reasons for these problems.The third part, status and reconstruction of the urban house expropriation compensation. This part, on the basis of previous paper, tries to rebuild a set of urban house expropriation compensation system program. This section first gives the definition of public interest to exclude the commercial need of land outside of the system, then proposes definition of public interest should be through the improvement of legislation, reasonable public participation, the necessary relief measures and many other ways to achieve. For a long time misreading of legal relations for the urban house demolition compensation, the section also describes the relevant subjects in the urban house expropriation compensation, and follow the correct legal relationship of urban house expropriation compensation, repositions the role of the various relevant subjects. Next, this part researches on scope of relocation compensation, and calls that land use rights should be compensated. The compensation standards should be in accordance with the principle of fair compensation and market price. This part also discusses the real estate appraisal principles and methods. Then this section discusses the form of compensation. We should adhere to the monetary compensation and property rights exchange as the main forms, besides we could take the forms of increasing job opportunities, reliving tax, skills training, building social security system as the compensation forms to protect the people's long term interests. Finally, the section also tries to build a reasonable procedures. On the one hand, the decision-making stage should introduce public participation; on the other hand, in the area of relief procedure, people should enjoy more rights to administrative review and litigation, we could give the judiciary the right to advance administrative decision ,political reform should be make to reduce the extent of judicial dependence on administration.Conclusion. Concludes the paper.
Keywords/Search Tags:Urban House Expropriation Compensation, State-owned Land Using Right, Demolition, Public Interest, Market Price
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