Study On City Housing Expropriation Compensation Standard

With the rapid development of market economy and the acceleration of modernization inthe city, city construction on the house also increase greatly. In reality, most of the site waswith developers and administrative organs of the contradiction, mainly concentrated in thecollection of the houses demolished and compensation standard: was that tear open changecompensation standard collection site is too low, and the developers and administrative organsof the site that "too much". Because tear open change compensation standard in collection onthe divide between the two sides is bigger, contradictions so often occur violence or extremeevents become the focus of the society.2011set in the houses on the state-owned land tax and compensation ordinance(hereinafter referred to as the collection of compensation ordinance) to urban housedismantlement shall not be lower than the standard on the date of the public announcementrequisition decision of the house was imposed similar to the market price of house property.Can’t adapt to changing in the social contradictions, solve the collection of compensation ofconcrete conditions.Therefore this paper first collection of urban houses compensation standard reason thethorough analysis, the comparative study on the United States, Germany compensationstandard, and on the basis of our country in the determination of the city house reveals theplight of compensation standard, and combining with China’s urban house collection andcompensation of the actual, the proposal should with market value as the basic variety ofevaluation methods coexist, cutting hold separation, executive power belongs toadministrative organ of the compensation standard of our country to build urban housecollection compensation standards. This article mainly from the following three parts:The first part about urban house collection of a brief overview of the compensationstandard,specific analysis of urban house collection of compensation standard reasons. Natural law from abroad to the modern acquisition for reasons, and then to our country toChina laws and regulations on the laws and regulations on the provisions of the acquisitionfor reasons, reveals our country during the different determine urban-house removingcompensation standard different.The second part of the United States, Germany comparative study on urban housecollection of compensation standard specific provision, the fair market value of the urbanhouse compensation standard and German full compensation standard of city house twocompensation comparison. Then speak on the compensation standard in China inherits thedevelopment process of foreign administrative law and Germany, the United Statesdifferences.The third part of the specific tell in the urban building collection of compensationstandard defects and perfect. Through the collection of urban houses the analysis of thecompensation standard in China, points out that the house was imposed on city in the value ofthe house of the assessment of the shortcomings of the methods, emoval costs and thetemporary relocation costs and the calculation of closure production loss defects and thedislocation of the judicial mandatory of executive power. At the same time, the perfect projectfrom urban house collection of operation of the compensation program for perfect. Take partin the program from main body, the operation of the mechanism and compensation relief forperfect compensation standard collection.