City Housing On The Protection Of Private Rights

In recent years, with the intensification of the national economy’s sustained and rapiddevelopment and urbanization process, urban renewal, real estate development in the majorcities actively pursued, the city housing levy has become an important urban constructionand development activities.In2001, the State Council executive meeting on "UrbanHousing Demolition Management Regulations"was modified, but the new "DemolitionOrdinance" there is still many deficiencies, and the resultant Chinese-style levy tragedyintensified about. In order to fundamentally solve a series of problems arising in thehousing levy, January22,2011"State-owned land on the housing levy and CompensationOrdinance"introduced.The Constitution,"Property Law", and the levy Ordinance, the use of civil law thebasic theory, combined with the levy in reality the problem from a constitutional Citizens’Property Rights protection and limit the angle of departure of China’s housing levy systemcarried discussed, and problems exist in the practice of housing levy put forward severalsuggestions to improve the housing levy system in China. This article is divided into sixparts,The first part is about the purpose and significance of the topics of domestic andforeign literature revision.The second part discusses urban housing levy a number of legal theory problems.Because of the complexity and specificity of the housing levy, only the use ofadministrative law to adjust and deal with the collection of legal relationship, it is difficultto think, Civil Protection of the housing levy to be addressed.The third part through the United States, Germany, France, Japan, and China’sTaiwan region, the land expropriation system, combined with relevant experience of thesecountries and regions, combined with our existing housing levy system, need tocomplement and improve the current system the Department has made specificrecommendations.The fourth part concerns a number of issues of urban housing levy in the Protectionof Individual Rights.First of all the legislative history of our country house collectionsystem was analyzed from the perspective of the Protection of Individual Rights. Followedby the use of civil law property rights theory discussed in the housing levy Private type, inparticular, described the important relationship between land use rights and houseownership and the housing levy.The fifth part of the levy Ordinance, according to the existing housing levy system,the existing problems in China’s housing levy.The main performance of the existinghousing levy basis is not sufficient; the lack of urban housing business collection system;flawed definition of public interest; the housing levy in respect of compensation.The sixth part of the housing levy system put forward relevant proposals. First, starting from the legislative point of view, should develop specialized housing levy law, atleast as soon as possible the implementation details of the levy Ordinance; Second, the"public interest" in the strict city housing levy certification process, to avoid the name ofpublic welfare the banner-line commercial real; third, the establishment of the urbanHousing commercial collection system; Fourth, supporting the establishment of urbanhousing levy compensation mechanism, to ensure that the person be imposed to get areasonable compensation. Establish and improve the city housing levy hearing proceduresto ensure to be imposed to full participation and supervision of the housing levy behavior;improve the relief system in the collection of the rights to be imposed to effectively protectprivate property rights from infringement of any unit or individual.