The Improvement Of The Compensation System Of Housing Expropriation

Tragedies concerning housing expropriation compensation occur time and again due to the unreasonable compensation system. January 19,2011 witnessed the promulgation of the "Expropriation and Compensation Ordinance for Housings on State-owned Land" by the State Council. Though it made great improvement on the compensation system, it is far from being "scientific, fair, and objective". This study intends to analyze and improve Chinese compensation system of housing expropriation on the occasion of the new law through specific case studies in China. This article is divided into four parts:Section One, the basic facts and the focus of controversy in this case. This article refers to a sensation of "self-immolation cases of Yihuang Collection ",in this case the government of Yihuang County levied Zhong's housing for the construction of a new bus station,and provides an new compensation levy, but Zhong's brothers considered that there were still many programs,such as the scope of compensation too narrow and, the standard was too low, way was too single and so on, which leads to the case of the focus of controversy-the Housing and Compensation System defects.Section Two, related system of housing compensation for expropriation. Illustrates the concept of housing levy:For the public interest, Government obtain the rights of housing ownership of state-owned land and individuals, and other real estate ownership, then the acts of compensation given to its behavior. Compensation to the concept and characteristics, as well as the theoretical basis of compensation for expropriation, private property protection principles and the principles of fairness and justice.Section Three, key issues on the dispute of this case. The housing levy is for "public interest" needs, but the definition accord to the "public interest "in new regulation is too broad. The new regulation list the "urban renewal " unreasonably to the scope of the public interest, leading the property rights of legal residents to the danger of having been violated. Too broad "public interest " directly resulted in the principle of compensation not clear enough, no clear principle of compensation is directly caused by the narrow scope of compensation, the too low compensation, the over single compensation, the imperfect means of compensation procedures of relief Problem.Section Four, the recommendations of improving the system of compensation for expropriation of housing in our country:First, Housing expropriation is started for the sake of "public interests", thus it is extremely important to define "public interests" in a scientific, reasonable, and fair manner. There are six types of "public interests" in the new regulation, among which the fifth one "urban renewal" should be abolished. Second, "total compensation" principle should be clarified and followed in our law system. Only in this way can we live up to the ideal of equity and justice, end disorders, and achieve harmonious expropriation. Third, China should expand the compensation scope to include land-use right. The essence of house expropriation is government expropriation of residents'land use rights, thus it is unfair for the householders if the compensation regulation does not mention land use right of the expropriated. Fourth, China should establish multiple compensation methods. Rich compensation choices reflect the Government's respect for the rights and interests of householders. The existing "monetary compensation and property replacement" methods limit their choice. Fifth, just compensation program is the maximum protection for householders' rights and interests. China must establish a scientific compensation hearing system. Sixth, a reasonable relief program should be established as a final barrier to maintain the rights and interests of the expropriated.