Research On The Legal Institution About Housing Levy In City For Public Interest

The State Council Legislative Affairs Office published"Levy and Compensation Ordinance for housing on the State-owned land"inJanuary29,2011.The ordinance standardized the collection of urbanhousing and its compensation due to the need of the public interest,Tomake provision for the demolition of urban housing demolition processinvolving the public interest,defined the main type of the public interestlevied clearly,Ending the state of the public purpose be confused withthe non-public purposes in the urban land acquisition process，specifiedorganization and implementation by the appropriate housing levydepartment during the levying process on the urban land,impose the cityand county people’s government as the main agency for public interestlevying.Ended the original statue of fuzzy provisions and the legalrelationship chaos caused by the"Urban Housing Demolition ManagementOrdinance ".While,Due to the definition of the "public interest"Accompanied with ambiguity and uncertainty in the standards andprinciples and procedural provision in the public service levy systemitself,this institution is still the source of many socialproblems.Therefore, it is necessary to make further theoretical researchfor the public service levy system, and make use to guide the standardization of construction of the law system.This paper orientated on legal issues in the house levying basedon public interest in the urban state-owned land,focus on discriminationof the "public interest" and public welfare standard of compensationlevied..The text is divided into four parts.The first part is an overviewof public service levy，which mainly described the theoretical originsof the public service levy system，combined with construction of China’slegal system imposed to the public interest，Instructs the meaning ofestablishing the improve the public service levy legal system.Thesecond part aimed on the interpretation of "public interest" in the legalsense，put forward the public interest extension and intension by contrastto western legal theory for the definition of public interest, publicinterest point of view of domestic scholars.The third part described thetheory to levy compensation for public interest, combined with westerncountries the public interest to impose the provisions of the compensationproposed to improve our public service levy compensation mechanism.Thefourth part is about process issues in levying for public interests.Thefifth part is the analysis and research on the basis of the problems inthe theory and practice of our existing public service levy on stateland,by analyzing the progress provisions and inadequacies of the "Levyand Compensation Ordinance for housing on the State-owned land",imposedsome suggestion on the proposal of building our public service levy forsubstantive law and procedural law, in order to develop a comprehensivepublic service levy system of legal norms to guide the smooth progressof the practice of public service levy.