With the rapid development of social economy in our country, the urbanizationprocess is becoming more and more advance, hence the housing compensation problemsbecome the common focus of the whole society. Housing compensation on state-ownedland as an important link of urbanization construction, is related to the citizen’s daily life.Throughout the history of the urban housing compensation in China, we can see thehousing compensation system on state-owned land in China is in the process of correctingand completing. Our government formally promulgated state-owned land on the housinglevy and compensation ordinance on January21,2011, enacted the regulation, at the sametime means that the regulations on the administration of urban house demolition andrelocation of termination, state-owned land on the housing levy compensation legal systemin China is a big step in the historic forward. But there is no denying that housingcompensation legal system is still not perfect, need further improved.This paper will use some analytic methods such as concept analysis,historical-research, comparative research and integrating method of theory andpractice,meanwhile combining with present legislation situation and execution situationfrom the aspect of the housing expropriation and compensation to analyze and discuss thislegal system.It mainly sums up the current housing compensation problems of the legalsystem, and analyzes its main causes, to a certain extent, draw lessons from the successfulexperience of extraterritorial housing compensation, so as to put forward some advice tothe rationality of housing compensation system in our country, such as: widen thecompensation subject scope of housing compensation, including the building of the lessee,the mortgagee; Expanding the scope of the housing compensation, the collection of houseswere generated when the other losses, the public part of the area, the land use right into thecompensation scope; Pay attention to the efficiency of the housing collection ofcompensation; Compensation mode of house to the stipulation of open mode, determine the money compensation is given priority to, no money compensation and auxiliarycompensation approach; the house acquisition decision should be rationality reviewed,etc.In short, we have responsibility to improve the legal system on expropriation of houseson state-owned land and compensation. In this paper, I seriously analyze and discuss thislegal system and put forward my own opinions. Through this paper, I hope it will behelpful to contribute my limited power to perfect this legal system. |