Our Country City Houses On State-owned Land Expropriation Compensation System Improvement Research

Enter the twenty-first Century, China’s rapid economic development, city to accelerate the pace of urbanization, the city renewal and transformation by the housing resettlement disputes more and more, the current city land housing levy and compensation legal system, it is in this situation gradually developed and built up, is also our country housing and construction law system important constituent, is in the housing, land ownership are separated on the basis of establishing and perfecting up a consistent with the world system. The demolition of houses, obtaining the land use right of the state-owned land, for further development, transformation, is the city state-owned land to the housing levy and compensation of the main purpose, nature has public use. In fact it is the citizen in the city with the private legal housing mandatory collection, and compensation for the loss. The process is the core of administrative license levy and compensation decisions, and by the administrative subject through the relevant civil or administrative action is completed and implementation. The requisition of legal relations, administrative organs, moves people, has been moved, the three party in administrative, civil legal relationship of Criss Cross, administrative organs exercise, has been moved to the property rights and the government reasonable trust protection between the state-owned land, housing levy and compensation system, is concerned with housing resettlement administration administrative behavior how standard, has been moved to the legitimate rights and interests of people how to protect, how in this dynamic conflict to find a balance point, adjust continuously imbalance in the interest structure, in the long-term loss and disorder to find a legal government road. Let some level of government can update the administrative thinking, advancing with the times, scientific development, reasonable use, reasonable, lawful methods of collection, with a responsible attitude, on the old city transformation, update the modern civilized city, make sporadic violence expropriation behavior in later city more new transformation does not occur, let citizen rights can be protected and respected, achieve social harmony.This paper is divided into three parts. The first part of the cit to the housing levy and compensation theory analysis, from the point of city buildings on state-owned land expropriation system in our country, the characteristics of city state-owned land housing levy and compensation legal system of city state-owned land, housing levy and compensation of the essence of three aspects such as; the second part of the existing city buildings on state-owned land expropriation and the legal compensation system existence question and the reason, mainly from the city housing levy and compensation legislation, levy and compensation implementation, levy and compensation implementation process problems, and then analyzes the causes of these problems from third parts is composed of; of perfect city land housing levy and compensation legal system the countermeasure and the suggestion, which belongs to the personal opinion, hope strictly applicable "syndrome s regulations" dissolve contradiction, make "city state-owned land to the housing levy and compensation management law" and introduced the "state-owned land use right to recover method " to improve our city state-owned land to the housing levy and compensation management law and other legal legislation system, and to increase the collection of administrative license and compensation to adjudicate cases judicial review Intensity.