The Improve And Success Of The Housing Levy And Compensation System

Since the last century since the eighty’s reform and opening up, housing demolition has become an important means to improve the city’s appearance, the premise to enhance the quality of life of residents, in order to development and industrialization and city change to adapt to the requirements, the government as the leading to upgrade the old city reconstruction efforts and the removal of dangerous and old houses in the city scale is continually expanding, city housing demolition gradually into people’s lives, people’s living conditions have greatly improved, but also plays a positive role in improving the quality of city environment. In the ninety’s of last century, with the development of market economy, private capital is gradually introduced the demolition of housing area, the broad masses of the people of the housing demolition system began with the implementation of the State Council promulgated the " city house demolition management regulations ". In2001, with the rapid development of the real estate market, the State Council to amend the "Regulations" management city housing units, and in July1st of that year the implementation of. This " management city Housing Units Regulations " since January21,2011" state-owned land on the housing levy and Compensation Ordinance " effective date shall be abolished at the same time,Since then, the system of housing demolition was officially state-owned land on the housing levy system was replaced by." Regulations " management city housing demolition did not distinguish between the public demolition and commercial buildings, so that local governments in the activities of both athletes and coaches is, once the violent removal incident," Regulations " management city housing units become criminals. The property is an important component part of the basic rights of citizens, is the core position in the system of civil rights.The property right is not absolute inviolability, need state may in the public interest to expropriation, expropriation of private property and compensation, that is to say the government expropriate only legitimate reason to requisition and compensation is necessary for the public interest.In January21,2011," state-owned land on the housing levy and Compensation Ordinance " promulgated in the look in the eyes under. The new " Regulations " gives the expropriation rights clear, government as the subject of the compensation obligation is determined in accordance with the law, the city housing levy is to improve people’s housing conditions, promote the main means of old city transformation and urban environment improvement. But the social problems caused by housing expropriation in recent years continue to emerge, the illegal demolition, violence relocates events occur frequently, and even bloodshed, the intensification of the civil conflicts, political instability, affecting the harmonious development of society. The problem is widely concerned by the government and the public, social all circles to residents reacted strongly. How to solve the problem of housing levy, become the focus of attention of the community. From the perspective of perfection of the legal system, the legal system of housing levy suggestions, has a benefit by the time to solve the expropriation problem. Along with the country, individual ownership of the idea of protecting private property continues to strengthen, the law also updated with the progress of the concept." The people’s Republic of China "," amendment to the constitution of the people’s Republic of China Property Law " promulgated, which emphasizes the protection of private rights, increase to the city housing levy be imposed to protect, the original " City Housing Demolition Management Regulations " has become anachronistic." State-owned land on the housing levy and Compensation Ordinance promulgated Mei this question, has the vital role and the progress of city house demolition, the city housing levy and compensation system more perfect. But in the definition and compensation for expropriation public interest issues still need to be further improved, through the study of legal system on the city housing levy of " state-owned land on the housing levy and Compensation Ordinance " legislative suggestions.This paper first introduces the legislative background and influence of " state-owned land on the housing levy and Compensation Ordinance ", the new " Regulations " should follow the collection effect in practice and in the process of house expropriation and compensation principle. Secondly, points out the existing problems in housing expropriation mechanism. The third analyzes the definition of public interests in housing demolition. At the end of the new Regulations " on the rational analysis and reflection, the new " Regulations " significant progress on compared to the "removal regulations" with the original.