Research On The Expropriation Compensation About The Houses In Collective Land

In our country, the expropriation of housing has become an important problemwhich is affecting social stability. Our country about the collective land housingexpropriation of the law is still less, coupled with the unique nature of collective land,which lead expropriation of housing in collective land disputes problems difficult tosolve, even cause the malignant event. Expropriation of houses is the actual ratherthan the real. Before the housing dismantled, the collective land should beexpropriation as state-owned, which in this process, the government predominance.Expropriation of housing disputes are focused on the public right and the private rightconflicts of interest. This article is from the legal point of view, to our collective landsurvey, analysis of housing expropriation and compensation. Not only from the legaltheory perspective of collective land and housing relocation compensation of propertyanalysis, more importantly from the collective land and state-owned land which aredifferent on the house expropriation compensation research. First of all the propertycompensation theory, mainly from the property compensation constitutional basis, ourcountry property compensation provisions of the historical evolution and theoreticalbasis of compensation of property separately launches the analysis. According toChina’s" constitution" provisions, the national can execute to land lawfullyexpropriated and compensation for the need of the public interest. So the propertycompensation of the constitutional basis of the first is the need of public interest.Public interest is not only the regulation of land expropriation compensation andexpropriation compensation rules, but the reason to limit. Second is the propercompensation. Various countries of relocation compensation requirements are vary,but all exceptions to the requirement of the legitimacy of the compensation shouldhave. According to the property, compensation based, scholars have different views:results of liability, risk liability, special expense theory, public burden equalization,but our country more desirable or special sacrifice. Proper compensation is the constitution right to levy the substantive constraints, no compensation is no collection.Third is the legal procedure. Due process is designed to use the law to safeguard therights of the individual； it is the government to exercise public power which must gothrough the steps. Our country property expropriation compensation system in theearly period of the war of resistance against aggression have been provided,2004"people’s Republic of China Land Management Law" forty-seventh of theexpropriation of land compensation costs, collection and other land compensationfees, collect city suburb vegetable compensation costs made detailed provisions. In2007the" property law" promulgate emphasis not only on the land expropriationcompensation expenses paid in full, and is also included on the farmers’ socialsecurity costs, the current compensation system of the disruptive changes.Secondly, there are many problems in current situation from our countrycollective land building tears open change point of view. In planned economy ofChina in the early stage of the legislative, the Government is a leader in the adoptionof a law which is in favor of ease of use of public power. Now the society, under thecondition of market economy, the government is no longer the dominant, but thehelper. A lot of the old provisions should be based on changing economic conditionschange, otherwise you will fall behind the times conflict. The expropriation is thatinstead of housing, that relocation compensation is not only to complement theHousing, but complement and the rights of the people of the earth fill. There is nouniform legislation on the collective land and housing expropriation in our country, sowhether there are less than the standard of compensation or the method ofcompensation. The fundamental reason lies in the special nature of the collective land.Collective ownership of land that vested in the collective can not enter the market tobuy or sell. It is a special kind of power, and only a limited circulation. This alsofundamentally determines the difference in the collective land and state-owned land,why the two there is no common legislation. Collective land own of the villagecollective, but the villagers the collective nature of ownership in the main problemremains controversial. Collective land and housing expropriation is different from therequisition, the collection, but prior to the expropriation of the collective land andhousing is bound to go through the collective land requisition levied this link.According to China’s existing laws and regulations, the existing legal relationship inthe house expropriation is expropriation and expropriation, the expropriation of moreland units. However, according to the collective nature of the land, the government is dominated by the collective land and housing expropriation, the government will firstimpose collective land for state-owned land use right, and then betrayed to theexpropriation. In addition, the government is still dispute resolution as the role ofarbiter. This will cover up the government acts out the system by a neutral arbiter toresolve disputes, collective land and housing expropriation directly from thelegislative level, determines the compensation is not fair. Relocation compensation inChina’s legal remedies are generally divided into two ways of administrative reliefand judicial relief, Administrative remedies for administrative decisions, aspreviously mentioned, the general unfair. Judicial relief in the practice of China’scollective land and housing expropriation has not been paying off. The differencebetween administrative proceedings and civil litigation is still a major problem in thecollective land and housing expropriation and property compensation cases aredifficult to hear.Finally is collective land house relocation compensation perfection. It is from thelegislative, the administrative, the judicial that three aspects suggestions. Thelegislative front, should correct the legislative thinking. China’s Legislation Lawclearly stipulates that only the basic law in order to adjust the basic rights of citizensand property rights. The basic law is enacted by the National People’s Congress Inother words, from a legal point of view, housing expropriation should be made by thehigher law of the Constitution and other provisions. The establishment of theexpropriation of the premises of a unified compensation system, not only tocompensate the loss of housing, but also compensate for the loss, as well ascompensation related facilities should be improved. Administration, the first is theimprovement of the compensation program. Including the market price assessmentprocess, forced evictions program, the specific implementation procedures and theprocedures established by the compensation. Justice, it should proceed from thenature of the case to clear the scope of admissibility of the case, and clearly the dutyof the government, the establishment of emergency response systems, goodaccountability mechanisms.