On Perfecting The Procedures Of Collecting Houses On State-Owned Land

Demolition of city houses is the inevitable fact during the urbanization, meanwhile, as the increasing scale of demolition broadens, in the process of demolition, primary residents'original houses as well as their lives will face with corresponding opportunities and risks. On January 19th 2011, the State Council has passed the regulation Collections and Compensation of State-owned Houses (referred to Regulation of House Collection and Compensation), and implemented that regulation since January 21st,2011. The regions and processes of collection are made sure in that regulation. At the same time, in the process of demolition, the premise of Regulation of Collection and Compensation is that the collection and compensation should be based on public interests and needs, which is the unique standard of starting collection.As country is the only subject in urban house collection, she plays a pivotal role in the process of urban house collection. It can make the collection and compensation much more perfect, and protect the rights of expropriated citizens. And it can basically solve the problem of disputes on compensation, which is the problem to be solved urgently at present. As the issuing and implementing of Regulation of House Collection and Compensation, the urban house collection owns more detailed regulations and stricter law enforcement basis. The new regulation has significant meanings in standardizing the behavior of government's house collection, which makes the process legally and validly. Meanwhile, it protects the legal rights of the expropriated citizens. However, the Regulation of House Collection and Compensation has some deficiencies. This thesis analyzes regulations about the procedures of house collections on House Collection and Compensation, and it puts forward some suggestions on perfecting the procedures of house collectionFirst, in the procedure of public interest, the participation of the expropriated should be strengthening. Based on the interests of the public in the house, the government should listen to the views of the community and suggest holding hearing meetings. Through the democratic way, making more interest groups involved in the public interest of the confirmation process is especially important.Second, in the hearing procedure of urban house collection, the hearing program start way should be specified. For the hearing way, it should be depended whether according to. its duty or application, if it is by its start hearing, in what way situation, what time hearing should be clearly defined; if it is the way of hearing according to application, the applicant and the application range and quantity of the hearing time should be regulated. In addition, the specific hearing procedures should be refined. According to the different interest groups produce the proportion of the representatives of the hearing, to ensure that the numbers of participants balance and justice. For the hearing in people, it can include all the people related to house collection, such as the expropriated, the lease expropriated and the ones who have powers on the house mortgage. It can also include the social masses, experts, scholars, deputy to the National People's Congress and all the others who own the public influence in society. After the hearing, the results should be publicized timely, which should be justified and transparent, to ensure that all parties put forward to the suggestions and opinions objectively according to the hearings.Finally, the compulsory execution procedures of urban house collection should be perfected. For compulsory execution work smoothly in the future, an independent administrative enforcement team should be established, which is separated from courts and administrative decision-making authorities. It can not only ensure personnel's quality of law enforcement, but guarantee the legality of administrative law enforcement and guarantee the efficiency, promote social harmony.