A Research On The System Of Expropriation And Compensating Of Buildings On Collective Land

"Pain of expropriation, pain of people", With the speeding up of urbanization in our country, the tragedy happened frequently around the building on collective land levy has deeply touched a nerve of the government and the people and become a major disease affecting social harmony. Perfect the system of expropriation and compensation of the building on collective land, build open and transparent procedure, has important theoretical significance and practical significance to avoid endless disputes of land expropriation, to implement constitutional provisions on protection of private property rights.Law in forcethe take collective land on the building as a land of attachments, this practice is obvious a big problem.Expropriation of land is only change the nature of the ownership of the land, that is, from collective land into state-owned land, the effectiveness cannot be directly above the building on collective land. therefore, we should carry out "expropriate together, compensate respectively" principle, Equally treat the building and the land, expropriate the both at the same timem and build an independent procedure suitable for the compensation for buildings, it is not only the implementation of the property law regarding to buildings expropriation, but also is a deed to respect and guarantee citizens rights of property and residential right.Housing expropriation on collective land and state-owned land have many similarities, however, there are many differences, this is because the ownership of the buildings and the nature of the land are different.2011"ordinance expropriation and compensation of the housing on state-owned land" can only be applied to state-owned land, expropriation and compensation system on the housing of the collective land is still blank in legislation, allowing local government related takes measures. All that remains to be unificated and adjusted by the central legislative. First chapter defines the related concepts of housing expropriation on collective land, pointing out that the object of the building expropriation on collective land is the use right of land and on ownership of the buildings. Then the paper analyzes the diffferences of housing expropriation, land expropriation and housing demolition. Finally, the paper talks about the relationship between the rights of buildings on collective land and state-owned, which both are the basic real estate property right and right of residence, but collective land management system gives the connotation differences to the two rights.The second chapter introduces on property expropriation legislation example in extraterritorial law countries (regions), summarizes the common experience of these countries and its enlightenments to housing expropriation legislationm on the collective land in our country. Analyzes the present situation of legislation of housing expropriation on collective land:high level law is too brief, ignoring the building rihgts on collective land, local regulations are chaotic. The stituation results in that, standard of the compensation is low and lagging, power of expropriation is expansed and expropriation procedures are too administrative.Third chapter combines housing expropriation practice of collective land, from three angles:subject and implementation procedures, standard and way of compensation, right remedy and enforcing subject, discusses the particularity of the housing expropriation on collective land. According to housing expropriation regulations of the seven cities such as nanjing, ningbo, kunming, we can see that administrative adjudication is still the main way of solving the dispute on compensation, the court lacks way of review the power of expropriation, the administrative authority enforces the demolition is still widespread.Fourth chapter, in view of problems existing in the legislation and practice of the housing expropriation on the collective land, from the perspective of guaranting real estate property rights and residential right, refering to experience and lesson of other countries, the paper put forward three legislative Suggestions to perfect the existing system:set up public interest legislation define and judicial review system, build a fair and reasonable compensation system of the building on collective land, improve the transparency of expropriation procedures, improve right relief way in the expropriation.