Research On Housing Expropriation Compensation Legal System In China

With the deepening of China’s reform and opening up and economicdevelopment to accelerate the process of urbanization is increasinglyadvancing, which caused by land acquisition and resettlement is becomingthe focus of attention of the community. Demolition for the construction of thecity to create the conditions to enhance the use value of the land, making theupdate of the urban landscape, the living environment better, but the improperdemolition, the intensification of conflicts caused by the brutal demolition,shocking, even bloody conflicts can not be ignored. The reason is mainly thelack of administrative levy compensation legislation, making collection errorsspecification, compensation can hardly be fair, relative administrative actscharged by the Government dissatisfaction and resistance to naturalinevitable.Along with the introduction of amendments to the Constitution "and"Property Law ", the protection of private property rights come into people’svision,2001," Urban Housing Demolition Ordinance because of conflict withhigher-level laws and not suited to the reality and wide subject to criticism. Inorder to alleviate social contradictions, to strengthen the protection oflegitimate private property rights and interests of the state-owned land,housing levy and Compensation Ordinance came into being,"demolition" hassince become a historical term. Housing levy and Compensation Ordinance2011issued by the state-owned land "in the definition of public interest, andclear the main body of compensation, compensation principles and standards determined to levy compensation process improvement and imposed reliefenhanced made important progress reflects the deepening of the protectionof Individual Rights in China concept. Existing housing levy compensationsystem is not perfect, the complete collection of the compensation of legalnorms still waiting. The inadequacies of the author summarized the housinglevy compensation legislation, analysis of its causes, and the United States,Germany, France, Japan and other countries legislated to study and learn,thus promoting China’s housing levy compensation system rationalizationconstruction superficial insights: Such as the development of a unifiedcollection of compensation of legal norms, the level of compensation forexpropriation legislation; Further improve the public interest in the entity andprocedures defined in the restatement of the requirements of the law of thespirit of humanism; Establish a fair compensation mechanism, from theexpansion of the scope of compensation, the compensation of the rich, andthe improvement of the standard of compensation to make substantialimprovements to better reflect the country to respect and protect privateproperty rights and interests; Improve the collection of compensation reliefsystem, will be imposed to the protection of the rights in the relief frameworkto provide a more comprehensive system protection.Housing levy compensation system in the process of legislation andpractice are maturing, in order to better cope with the pressures andchallenges of social development, to better balance the conflict betweenpublic interests and private interests, and promote the rule of law, theconstruction of a harmonious society.