Research On Land Acquisition And Compensation For Buildings On The State-owned Land

In recent years, triggered by the nonprofit relocation compensation disputes the frequent occurrence of urban housing demolition as the focus of urban construction work increasingly difficult. Around the demolitions events staged a series of increasingly fierce discussion on house demolition compensation system. The issue has caused widespread concern and attaches great importance to the public. Many scholars in the study of the issue raises many questions. Based on our existing law, the compensation system has many problems, too narrow in scope, such as compensation for public service demolition, the property assessment is not clear, rating agencies running sluggish, units suspend production or business loss compensation standard is not clear.To this end, I use the law expertise, combined with understanding of issues related to learn from the advanced experience of foreign countries, through causal analysis, empirical analysis, comparative analysis and other research methods, starting from the concept of public service relocation and compensation of legal relations, focusing on analysis of the Urban Housing the issue of relocation compensation system, put forward specific recommendations to improve the existing demolition compensation system.The full text is divided into four parts. The original40,000words, and now two thousand words.Part one focuses on overview of the housing levy and compensation system. Relocation compensation system concept, the principle of compensation, the evolution of the current compensation system and abroad, the success of advanced experience.Part two focuses on the contrast of old and new regulations, see the change of house demolition compensation system, talk about the formulation of levying compensation package from the government to analyze the operating mechanism of the current compensation system. The introduction of state-owned land, housing levy and Compensation Ordinance "strict distinction between the public demolition and commercial demolition, commercial demolition separated, change the past, led by the Government Chief demolition mode.Part three focuses on the problems of public relocation compensation system, the compensation law was too narrow, is inextricably linked to the assessment of institutions and the housing management department, the assessment of real estate while ignoring the potential value of the land use rights, and judicial review flowin the form of suspicion.Part four focuses on the analysis of the issue of compensation on the basis of the recommendations to improve the existing compensation system. Expand the demolition of the scope of compensation on the basis of reasonable compensation, housing value assessment system, to make property assessment fair, reasonable, fair and easy to accept for housing ownership. As to effectively contain the administrative chaos, and ultimately achieve the purpose of judicial power, checks and balances of executive power, the need to strengthen the comprehensive review of the functions of the Court.The author hopes of relocation compensation, succeeded in solving all kinds of relocation compensation disputes, protecting the legitimate rights and interests of the demolition to ensure the smooth progress of the demolition work.