The Legal Analysis Of Dismantlement Of Urban Houses Based On Cases In Changsha

In china, as other cities, Changsha City, the land and house demolition issue has become the focus of public concerning. In our country, in the context of "the state-owned land acquisition of land and Compensation Ordinance" to analysis of urban housing demolition of the existing issues related to the legal system have both theoretical and practical significances.Five from the city of Changsha, the basic situation of house demolition cases show that the demolition of the main body of confusion, when the relocation is a dispute, the demolition often do not know who the demolition, leading to the legitimate interests of the demolition has not been duly protected, evenDistrict Court when it is difficult to ascertain which party is the people who attended the demolition demolition.Demolition of a huge area, the local government in the demolition process by the name of public interest, the actual line of business remains a very serious infringement of serious property demolition, relocation assess housing prices below the market price of comparable lots.Cause these problems are mainly due to:the public interest clearly defined legislation; define the public interest legal missing; dislocation of government functions, local governments and departments under the demolition and local governments based on the needs of performance, often served as a developerthe role of an agent; assessment of the price below the market price because of the demolition of houses on the land without compensation, the rating agencies the choice of the demolition have no say, government-directed relocation compensation monetary base price is the main basis for assessment is notadoption of market comparison approach.Changsha Housing Units for the problems and causes, in order to effectively solve the problem of house demolition, you must do the following:First, the legislation should improve the public interests, public interests are listed as fully as possible the scope of legislation designed to setIdentification procedures for public interest. Second, the transformation of government on Urban Management, change of land tax for the financial system.Again, commissioned by a third party rating agencies assess the price of the relocation compensation, the establishment of "the principle of the market comparison approach to other alternatives for the exception," the demolition of valuation principles, a clear comparison as the demolition of the market valuation of the statutory valuation methodand the pricing benchmark for government-designated strictly monetary constraints, the government’s local real estate prices as close as possible the real market price.Finally, the compensation for land use right of land use rights are mainly residual compensation, while the residual value should be calculated by deducting the land use right transfer period has been actually used in the remaining years of life after the market price of the land use rightsas the standard.