On The Legislation Of Housing Expropriation

The legislation of housing expropriation has become the hot topic in academic research and practice recently,as is decided by that the house is a kind of curial property for citizens and house expropriation occupys the core status in legal process.Along with the rapid development of china economy,the real estate has attract the attetion of all chinese citizens,the reason is not only the high prices of commodity house in different city,but also all kinds of contradictions and conflicts caused by housing expropriation.There are also kinds of ultra self-burning events happening in some place. All of above phenomenons not only harm the lawful rights and interests of the citizens,but also intensify the dispute between the public and the government.What is the important consequence is that they influences the harmony and stability of socity. The fundamental reason why above phenomenons happened is the lack of legislation for housing expropriation in our country. With the housing expropriation and reasonable compensation regulation coming into effect on Jan. 19, 2011, it has attract eager concern and discuss in society.In the first part this paper discusses the theory basis of housing expropriation. It discusses the foreign legislation of land expropriation in the sencond part. At last this paper discusses some constructive suggestions based on the housing expropriation and reasonable compensation regulation. This paper is closely discussed according to three constitutions of housing expropriation,which are Public interest,Just compensation and Due process of Law. When citizens' property rights protected better, the private rights restricting the arrogance of power strictly, the people can also respect the real administrative authority in society.