On The Improvement Of Law System Of House Acquisition And Compensation On State-owned Land In China

The enforcement of Regulations on House Acquisition and Compensation onState-owned Land (hereinafter referred to as Acquisition Regulations) on Jan.21,2011starts a new chapter for house acquisition and changes the relocation system inurban construction which has no differences in public and private interests andseparates public interests from private and commercial interests, focusing on theguarantee of the common people’s rights. However, the enforcement of the newregulations is still in the process. Some projects which have obtained the permit fordemolishment according to the Regulations on the Administration of Demolishmentof Urban Houses (hereinafter referred to as Demolishment Regulations) have notfinished demolishing yet and there are more legal problems for the remaining work,as a result, the difficulty of demolishment is higher. Meanwhile, there are also someproblems in the new Acquisition Regulations. The condition of house acquisitionwork in S city is taken as an example in this thesis in order to identify the problemsin the enforcement of Acquisition Regulations and put forward some measures thatcan solve those problems further through empirical research. There are three parts inthis thesis, the first part is about the description and analysis on the condition ofhouse acquisition and compensation on state-owned land in S city, trying to studyhouse acquisition and compensation from the perspective of citizens’ needs; thesecond part is about the institutional problems in the practice of house acquisitionand compensation that need to be solved based on the description and analysis on thecurrent actual situation and the conclusion of the basic features; the third part isabout putting forward some countermeasures at a theoretical level and somereasonable system suggestions and ideas through reflection on system problems inhouse acquisition in order to make efforts to the improvement of house acquisitionand compensation system.This thesis is written by a judge from the administrative adjudication division,who is engaged in the trial of administrative cases and the examination on non-litigation administrative execution cases. Therefore, this thesis is based on thespecific condition of urban house acquisition during the enforcement of the newAcquisition Regulations. It is hoped that the essence of urban house acquisitionphenomenon can be explored from the perspective of citizens’ need and someapproaches can be put forward to improve current house acquisition work andcontribute to solving the difficulty in house acquisition.