Research On The House Expropriation On The State-owned Land

Due to defects in the legislation, all kinds levied by the dispute continue to occur in our countryimposed in practice, a serious impact on the construction of a harmonious society in China. January21,2011, the State Council promulgated the "state-owned land on the housing levy and CompensationOrdinance to replace the" Urban Housing Demolition Management Ordinance to regulate the urbanhousing levy activities. The introduction of new regulations to solve the many problems that exist in thepractice of urban housing levy For example, new regulations clearly define the meaning of public interest,set up a reasonable collection procedures, and determined to be imposed to fair compensation principle,these rules established to protect the city after the housing levy to proceed smoothly, and protect thecollection of the legitimate interests of great significance. Undeniable, however, after the introduction ofnew regulations in the field of urban housing levy, there are still some imperfections.This article discusses five parts.The first part of the city housing levy basic definition, this section discusses the meaning of urbanhousing levy, the collection and the relationship of the demolition and expropriation and compensation, thepurpose is to clarify a few concepts in the levy. The so-called urban housing levy refers to the need in thepublic interest, the conditions and procedures prescribed by law, to obtain private housing ownership, andgive administrative action be imposed in a fair compensation. The main purpose of the practice currentlylevied, collected by the state of urban housing in order to recover the land use rights in the occupied by thehouses, so collected by the state will be involved in house demolition. Imposed from the very nature belongto the State an act of infringement of private property rights, in order to protect the legitimate rights andinterests of the levy be levied, the state needs to be imposed to be compensated.The second part is the status quo of China’s urban housing levy and collection of legislation. Beforelegal regulation defects in our current urban housing levy practice there are many problems, the paper ofwhich there are three issues are very prominent, that the purpose is not clear housing levy unreasonablecompensation and the administrative levy process forced evictions to be abused. As for the status quo ofChina’s urban housing levy legislation, after the introduction of state-owned land, housing levy and Compensation Ordinance, China formed the collection of field of the Constitution as its core, the basiclegal principle, improve the administrative regulations for the implementation details set legal system.Structure and contents of the legislation on the introduction of legislation, and basically be able to solvemany problems of the existing practice of levying.The third part is the existing problems of China’s urban housing levy. This section will be levied on theentire process is divided into levy decision-making process and compensation for expropriation process toprove the point. Collection of decision-making process, that there is public interest defined defects andhearing procedures was too simple two issues. Public interest due to its own abstract, making their entity asdefined in difficult, while China is still lack of a public interest program defined mechanism; for thehearing process was first introduced, because they belong to the collection process, its content is also a lackof detailed requirements. In the process of compensation for expropriation, mainly related to the problem ofdetermining the amount of compensation, this article believe that there are three problems that may beimposed to be unfair to one is the current standard of compensation unreasonable, the second is thecompensation range is too narrow housing assessment mechanism imperfect. These three issues will beinvolved to determine the final amount of compensation, not properly handled will directly be imposed tothe legitimate rights and interests.The fourth part is perfect to learn from China’s urban housing levy comparative law. The parts aredescribed levy system of the three countries of the United States, Japan, Germany, found that thesecountries pay attention to the mechanism of judicial supervision in the levy decision-making process andthe final result, a lot of time is not determined by the Government, but to give the court to the power offinal decision. At the same time these countries to establish the principle of compensation, not justcompensation imposed to direct losses, but also compensation for collection of indirect losses, and evenimpose housing there may be loss of interest in the main.The fifth part for the improvement of our city housing levy system. The part for the third part of theissues raised, and to learn from foreign experience, put forward the proposal to improve our housing levy.The lack of public interest, this study suggests the mechanism defined in the procedures of theestablishment of public interest, especially to give the court the final decision; perfect for the hearingprocess is the start of the hearing procedures in legislation, and the hearing process the details are perfect. Perfect compensation, it is recommended in China to establish the amount of compensation according tothe actual use of the housing, the minimum area of security systems and the lowest total price protectionsystem, at the same time, set a more reasonable mechanism for the collection of housing assessmentmethods to assess the results more equitable.