The Legal Protection For Right Of Claim Of Citizens In Urban House Collection

Right of claim of citizens in urban house collection means that citizens have the right of claim for compensation in urban house collection which based on the public interest. Researching the right of claim of citizens in urban house collection and enhance the legal protection for it has the great significance for the socioeconomic and theoretical development. Not only can make for ensure the social stability and promote the contribution of harmonious society, but also make for promote the contribution of rule of law in our country and further protect the citizen’s legitimate rights and interests. But there are some deficiencies in the legal protection for the right of claim of citizens in urban house collection:in the law protection, some laws about house collection are not consolidate with the others, the law rules about the range of compensation are not all-round, the range of subject who can ask for compensation is not comprehensive, procedure legislation is faultiness; in law enforcement, the work about open the information of government is not perfect, the fairness of evaluation authority is not enough, and the supervision for administrative enforcement is unforceful; in right relief, when people have objections on evaluation, the relief approaches of it become formalistic, the relief procedure of objections on collection decision have some shortages,the relief mechanism of the objection on compensation is not maturitiful.There are some reasons for this problem, such as: government dependent on land property too overly, the view of political achievement is dislocated, Pursueing benefit maximization, the market of Real estate appraisal is not standard, the theoretical understanding of the principle of compensation have some disadvantages, the understanding of the essence of house collection has bias. So we must enhance the law protection for the right of claim of citizens in urban house collection.Unified legislation, perfect the range of compensation, makeing the right to use the land into compensation range, given the right of claim to lessee,refining procedural provisions of law, adding consultation program,perfecting hearing system; making efforts to strengthen the publicity of government information, ensuring the information of the collection publiced overall and in time, Ensure the justice of appraisal institution, comprehensively used various supervision ways to strengthen the supervision of the process of law enforcement; broaden the relief way of assessment objection, improving the relief program of objection of the requisition decision, improving the judicial relief mechanism of compensation disputes.