Urban House Acquisition Compensation Research

Along with the system of the state-owned land using rights paid for the use to establish and perfect, the significance of the use of the land property ownership increasingly show. The expropriated persons’ protection consciousness of their property for also gradually increases, and the acquisition for house directly related to the survival of the expropriated and life, the stability of the society and the realization of the interests of the public, our country’s respect and safeguard level to private property rights. Then establishing and perfecting the reasonable compensation system of collection of the urban house appears more important.At present, our country is in the mass under the situation of economic construction, that there is a very important realistic meaning and practical value to establish a more reasonable compensation principle, compensation range, compensation program, and explicitly stipulated in the relevant law in our country so as to better protect the legal rights of property right.This paper aims to study the above-mentioned aspects, so as to promote the standardization of compensation of the urban house collection and impartiality, and to protect the legitimate rights and collection from the real meaning. From the practice and theoretical analysis, this paper specific is divided into the following six parts:The first chapter is about the overview of acquisition of the urban house, mainly expounds on the compensation of concept of "collection" and others,and use economic system theory to analysis urban house dismantlement to show its necessity to subject to the rules. At the same time, this part compared the houses on the state-owned land tax and compensation ordinance to the urban house dismantlement management regulation ", and emphasize the matters that should pay attention to.The second chapter is about the basic conflict of interests in the process of urban house collection and public interests analysis. Based on the characteristics of the conflict of interests, make a balance between public interest conflicts of interest and regulating the benefit for the public interest further clear definition.The third chapter is about the urban house collection compensation principle, this chapter briefly discusses provisions and theory on foreign principle of urban house compensate and urban-house compensation principle’ present legislation in our country. Through the comparison, we can referee other country’ proper experience to set up compensation principle which should be carry out of fairness. The fourth chapter is about urban house collection compensation range, a brief analysis on law of compensation range of urban houses and problems in the practice. Collection of the urban house is for government to own state-owned land use right, but the law is not that clear. In addition, compensation range is still too narrow Therefore, it is right to add the land use right into the collection of compensation range,and appropriately expand the scope of urban house collection of compensation.The fifth chapter is about compensation standard and mode of urban house collection and the problems of the current situation needed to be resolved:low compensation standard, oversimplified compensation mode. So,it is necessary to raise compensation standard and establish a diversified urban house collection compensation mode.The sixth chapter is about the premeditation of guarantee mechanism of urban housing acquisition:one is to clear the duties body and their obligation,and making them to undertake the due obligations of law; second is to further perfect the relevant guarantee system of the collection of urban house from:the hearing system, the system of evaluation, and judicial review.From these three aspects’ specific operation, it can ensure good implementation of compensation system.