Legal Analysis Of The Housing Levy On State-owned Land Compensation

Along with the urbanization rate increased, expanding around the city housing levy. City construction available land is less and less, shortage of land on the city development of land contradiction. State-owned land on the housing levy compensation benefits the country is a good thing, but produced a series of social problems in the implementation process. In recent years, because of the compensation standard, fairness, movements of the housing problems caused by mass incidents have been increasing. Removal of compensation for housing has become the focus of society, hot and difficult problems. In2011, prior to the implementation of the "City Housing Units Regulations" in the system arrangement too much emphasis on the collection of party interests, not the full protection of the legitimate rights and interests of residents, even in the event of disputes will not stop the demolition, leading to a series of problems in practice, removing conflicts occur frequently, seriously affected the social harmony and stability. The State Council "state-owned land on the housing levy and Compensation Ordinance" promulgated to implement, to solve the problems of compensation for expropriation of housing has brought many positive effects. In the first part of this paper introduces the improvement of Jane at present state-owned land on the housing levy and compensation system compared to the old "City Housing Units Regulations". The definition, collection of state-owned land housing expropriation and compensation system, the purpose of housing levy on regulations introduced, points out that the five highlights of compensation system of housing levy, namely the expropriation compensation main body by the developers to government, expropriation compensation further refinement, compensation method is more flexible, relief means to further strengthen, basic principle after the relocation compensation."Regulations concerning compensation for the expropriation of the current" standard housing on the market, but it is only the regulations of the State Council, the low legislative level, some of the content is offside legislation, and the implementation of more than2years, the detailed rules for the implementation of housing expropriation and compensation has not been introduced, in the actual operation of the provisions of the scope of compensation for the real estate business, business losses are not clear. There is no uniform standard of compensation levy illegal construction, illegal construction of fuzzy rules is not compensation, not in line with the actual collection of market conditions, conflicts in the process of collection because of illegal construction caused does not solve, violence against the law phenomenon or had. The results of the assessment that the lack of problem solving way of relief, the evaluation mechanism of the masses attached to the government did not trust the results, the total price oneself out of the market "nail households" hinder the collection, most difficult to successfully carry out the collection items. At the same time, the government due to the compensation fund is not ideal, money is actually derived from the development of enterprises, the housing levy compensation is subject to the development of enterprises, the collection system has not established the. The compensation mechanism for resolving disputes still exist many problems, the administrative reconsideration and judicial proceedings can not really solve the problem, also lack of other better problem solving. In the state-owned land on the housing levy and compensation system consummation, have expanded the scope of compensation for expropriation of land price evaluation mechanism, establishing the value of land use rights. The government should follow the principle of giving benefits to people, as far as possible to expand the scope of compensation for expropriation, not with the people for profits. Raising channel widening compensation funds, broaden the financing channels of compensation to do some beneficial attempt to solve the problem of funds, many angles. Play the role of investment financing platforms, through the government finance guarantee as repayment commitment, provide compensation funds for the development of urban construction, public utilities and other projects. Flow compensation dispute settlement mechanism, display the third party mediation organization function of resolving disputes, increase the Court Mediation Program in judicial proceedings, the innovation of administrative relief efforts, exert various effects, ultimately through the government and by the collection of contract of the parties to resolve. Properly handle the problem of compensation of illegal construction, not compensation is not simple to deal with illegal construction. To straighten out and solve the problems left over by history, increase efforts to investigate and deal with illegal construction, the internal government, prevent corruption, curb the illegal spread. In the assessment results that further effort is convincing the masses, play third party ruling mechanism, through the introduction of the people trust, to assess the results of open and transparent, fair and objective, is willing to accept. At present, all over the state-owned land on the housing levy compensation details have not yet introduced, through the analysis of some problems existing in the city housing levy compensation in Kanawha area, to explore in the future construction of system of how to avoid the social contradictions, make the system more practical, more reasonable.