Due Process Of State-owned Land On The Housing Levy

Houses on the state-owned land tax have become one of the most common phenomena of China's economic and social developing processes at this stage. Along with the development of market economy, benefit main body are gradually diversifying, Conflict of interest are growing complexity, in the process of houses on the state-owned land tax and compensation, there appeared a large number of contradictions and conflicts of interest, and housing expropriation also become the focus of all sectors of the community. January21,2011, the State Council promulgated houses on the state-owned land tax and compensation ordinance as the normative legal basis of current housing collection, which is an important step forward to the issue of legalization of housing collection and compensation in our country at this stage. It played an important role in guiding and regulating the housing collection smoothly. However some regret exist, in one of which included the aspect that need to further improve in the problem of the Houses on the state-owned land tax and compensation ordinance. Therefore, this article points out the main problems existing in the applicable of legal law process on the basis of the research of houses on the state-owned land tax law system of the applicable of legal law process and the analysis of the legal standard of housing collection. Thus, we can put forward some related suggestions to perfect the specific procedures of houses on the state-owned land.This paper is mainly divided into four parts as follows:The first part discusses the basic theories of the housing expropriation on the state-owned land and the housing expropriation procedures. Combining with the analyzing and comparing of regulations before and after the Houses on the state-owned land tax and compensation ordinance, this part has pointed out the progress made by us in house taking procedures of our country's state-owned houses at this stage.The second part analyzes the due process of law origin, development foundation as well as the constitution system in summarizes the connotation of due process of law basic theory, and in combination with the theory foundation of due process of law. Combining with this theory, it points out the collection process analysis of houses to the request of the principle of due process of law, and puts forward the collection process house due process of law should have of basic requirements and procedures as the judgment standard.The third part in combination with the analysis of the housing expropriating operation in reality summarizes, analyzes the suitable defect of the specific procedure in the due process of law of Collection regulation based on the specific procedure of due process of law presents in the Collection Regulation. It mainly presents several problems such as subject impartial defect in the resolution procedure of housing collection and compensation, lack of participatory in the housing collection process, lack of transparency in housing collecting procedure and imperfection in the compulsory executive procedure.The fourth part combined with the basic requirements of due process of law in the housing collection on the state-owned land, and draw lessons from foreign practice the houses of mature collection process related procedure legal regulation, suggests specific suggestions in the problems of housing collection process for completing our country's housing collection process. It mainly includes the perfection of several aspects such as subject system, hearing system and compulsory executive remedy system in the housing collection process, which will benefit practical work in future.