On The Protection Of The Citizens’ Private Ownership Dring The Urban Housing Levy

Relating to depriving the proprietary rights of the citizens’ house ownership, urbanhousing levy gets the social universal attention all the time. A lot of problems are existing inthe laws and practices of the urban housing levy, resulting in a mass of social problems,which not only influence the civic property right but also have bad effects on the socialharmonious and stable development.My paper focuses on the cause and the problems of the citizens’ propriety right duringthe urban housing levy on the administrative procedure, and puts forward of some advice indue process of law on the basis of theories, principles and the systems relating to the overseasand our nation’s reality.My paper includes four parts logically.Part one: Define the basic problems in the urban housing levy, including the notion andthe essence of the urban housing levy and the limits of the citizens’ property right involved inthe process of the urban housing levy.Part two: Analyze the legitimacy of the administrative procedure’s protection of thecitizen’ private ownership. First, discuss the self value of the administrative procedure fromthe process value and the result value. The process value includes publicity, equality,participation, efficiency and timeliness; the result value includes for the benefit of the properimplement of the substantive law, for the benefit of avoiding the abuse of the discretionarypower, for the benefit of improving the legal status of the counterpart and improving theadministrative efficiency. Second, analyze the importance of the property rights protection. Itmainly includes3aspects: all people are equal before the law; property right is one of thebasic human rights of citizens; the state protects the lawful rights and interests of thenon-public sectors of the economy. Finally, discuss the administrative procedure’s protectionmechanism to the citizens’ private property rights. The administrative procedure protects thecitizens’ private property rights by means of standard power operation mechanism, interestsbalance mechanism, and responsibility mechanism.Part three: Discuss the existing problems and the causes of the citizens’ property protection during the urban housing levy. The present problems include the lack of thestatutory standard of the public interests, imperfection of the democratic participation duringthe levy and the unreasonable compensation; the main reasons include the imperfection of thelegislation, unreasonable role definition of the administrative government, and theimperfection of the judicial relief.Part four: Put forward some advice to the protection of the citizens’ private propertyrights in the process of the urban housing levy, that is, to establish a strict and justadministrative procedure, which includes following the principle of due process of law,formulating the basic law abaout administrative procedur, perfecting the democraticparticipation procedure during the demolition process, drawing up the reasonablecompensation procedure, completing the procedure of the collection enforcement and thejudicial relief.