China's Urban Housing Levy Compensation System Research

In recent years, lots of tragedies occurring around the country because of compensation for city housing levy. Meanwhile, all circles in the society gradually realize that there is a big problem on our country's housing compensation system. Under the strong promotion of five scholars from Law School of Beijing University, the draft of <State-owned land on the housing levy and Compensation Ordinance> has published. After collecting suggestions to public twice, the <State-owned land on the housing levy and Compensation Ordinance> has published and carried out. Compared to the draft, the final one has many great qualities. However, it still needs to be improved. According to the research of the weakness in the <State-owned land on the housing levy and Compensation Ordinance>, author would give some suggestions to the final ordinance.There are three parts in this article. An introduction of housing compensation system would be given in the first part. Author would introduce some basic concepts and city housing levy should be governed by several legal conditions. Moreover, author also introduced the history of our country's housing levy and Compensation system and foreign countries' laws about housing levy and Compensation system. And what we can learn from the foreign laws. Author used three research methods in this part that is legal approach, historical approach and comparative approach.Some problems in our country's housing compensation system would be analyzed in this part, which are compensating range, compensating standard, compensating process and compensating part. For example, compensating range is quite narrow, compensating standard is inadequate and tenant is outside from compensating part. There are also some problems in compensating process. Author also analyzed the results could be caused because of these problems.In the last part, author gave some suggestions to our country's housing compensation system. For instance, as for the housing compensation problem of a narrow range, author suggest that the new regulation should be clear on land use rights and expected benefits' reasonable compensation. And tenant should be put in the compensating part.