"The Expropriation And Compensationg Statute For Properties On The STATE-OWNED Land"Purposes Effect Evaluation And Legislative Perfect

Nearly a decade, the social problems caused by the city housing levy continue to emerge, illegal demolition, violent demolition, greatly intensify the civil conflict has become an important social instability factors, in particular into effect in2001,"Urban Housing demolition Management Regulations" of frequent criticism, even draconian suspected. Beginning in2010, the central government began to feel the community on the demolition of the problem from all aspects of the pressure began to proceed with legislation to improve the current system of land expropriation."State-owned land on the housing levy and Compensation Ordinance" After two strong concern to solicit the views of academics and the general public to the public, the state enacted in2011introduced a state-owned land, housing levy and Compensation Ordinance. Introduced in early2011so far, after the implementation of state-owned land, housing levy and Compensation Ordinance, the legal effect of how and whether to obtain the desired legal effectiveness, is to strictly regulate the government’s administrative action, due process in the practice of house demolition, whether we can effectively protect the demolition of interest, where the law needs to be improved or where the actual work which has not implemented all of these issues is to write this thesis.Introduction in this article outlines the origin of the problem of urban housing demolition; First chapter outlines the historical evolution of the system after the founding of urban housing demolition, the demolition and the Government’s interests are intertwined is often caused by the demolition dispute the premise of the analysis of the History of the removal system reflects the relevant institutional changes and government removal system role in the conversion, which undoubtedly of great significance for past experiences and lessons for future system design ideas; Second chapter on "Urban Housing Demolition system after the introduction of legislation in housing and the demolition Ordinance, demolition of administrative procedures, public interest in state-owned land defined in the demolition of the status quo of placement of the degree of compensation and other related systems are summarized and reviewed, the aim of sum up the lessons of the past and examine amendments to relevant laws and regulations in the past after the implementation of the new "Regulations" in our practical work and achieved good results, that is how the legal effectiveness of the legislation. Especially after the implementation of the new "Regulations" in the government space activities, administrative procedures, legislation and ideas still exist some problems, these problems both years of chronic illness ills new regulations to implement the new problems brought all of these need to provide an institution resolution; From the beginning of Chapter III is the third part of the paper. Practical contradictions of urban housing demolition in2011after a critical analysis, and proposed the solution of issues related to the proposal. Chapter three of the urban land use rights, not the issue of compensation of land use rights in the demolition, the second is how to deal with the problem of the allocated land expropriation, three land use rights for70years, Doomsday "how to deal with the views of。 To address these problems in our legislation has lagged far behind the reality of distress to the urban housing demolition, so we need to establish rights-based legislation in favor of the right to use the related institutional arrangements in line with the principle of interest to clarify the land use rights and land ownership, resolve land use rights have all the chaos, Chapter captures the real problem the lack of procedural justice in the demolition of reality, the hearing in the demolition ruling, the demolition of the right to choose the right to housing valuation agencies and valuation experts, the problems in the housing valuation procedures ways to solve; Chapter V of the current removal system hot spots "public interest" issues have been reviewed. Define the scope of public interests in the new "Regulations" enumerative way, some scholars proposed definition of public interest model, these patterns are summarized and presentations, the accurate definition of the public interest is to improve the protection demolition the front of the interests, plus the "Property Acquisition Act" may be developed in the future, this paper draws on the shortcomings and advantages of a variety of defined public interest focus on procedures defined mode, and "state-owned land on the housing Expropriation and compensation Ordinance "on the basis put forward their own amendments.