State-owned Land Use Right To Recover Compensation Issues

Since the reform opening up, China’s urbanization level of continuous improvement, theprocess of urbanization is accelerating the transformation and the old range is also expanding,but the social contradictions and conflicts caused by the relocation of the Urban Housing hascontinued to increase, growing, involving more concentrated legal issuesis is the state-ownedland use rights to recover compensation. The relocation of the Urban Housing, governmentdepartments are usually in a more dominant position, the people relocated are usually in amore inferior position, the two formed a strong contrast. Due to the current legislation thereare provisions of state-owned land use right to recover compensation issue vague, to recoverthe conditions are not clearly defined, confusion standard of compensation to recover the lackof compensation procedures and other issues, which led directly to the practice of relocationand housing-related parties conflict of interest is growing, in order to protect their ownlegitimate rights and interests, the relocation of people even take the extreme way to fight,and then the tragedy is repeated now. At present, the urban relocation of the mourning hasbecome an important problem plagued government, and has caused widespread concern anddiscussion. Based on this, the article tries to contact the reality of our country from theperspective of safeguarding the legitimate rights and interests of the relocation of people, thestate-owned land use right to recover compensation for the corresponding legal explore.This article is divided into three parts. Firstly, a brief introduction on the state-ownedland use right to recover compensation for the basic theory, relocation compensation, torecover compensation compared with the three concepts of compensation for expropriation;Secondly, a critical analysis of state-owned land use rights to recover compensation statusquo, analysis of existing legislation on this issue provisions of the status quo and drawbacks;Finally, the perfect proposal to the state-owned land use right to recover compensationmechanism to determine to recover the compensation mechanism to improve the basicstandards, and propose specific measures.