Legal Protection Housing Levy And Limit Private Property Interests

In the housing levy legal relationship due to their unique object, which relates to thecitizen basic property interest, also is the people’s livelihood, so once the processing isundeserved easy to produce the serious social contradiction. Last year the State Councilpromulgated the " state-owned land on the housing levy and Compensation Ordinance ",housing on some legal problems to be solved, but as a result of " collection regulations "provisions in is too simple, in reality there is a lack of maneuverability, a lot of content stillremains to be perfect. In view of this, this article from the housing on interests of privateproperty legal protection and limitation of perspective, based on the relevant domestic andinternational comparative analysis of literature research, proposed conforms to the nationalconditions of our country related legislation proposal. The article is divided into four parts:The first part: to our country housing on the main problems existing in the legalanalysis, and puts forward the protection of the interests of the vacancy and powerrestriction in place is the housing levy relationship conflicts and disputes arise in the cruxof the problem.The second part: from the housing on the private property legal protection forinterests of the angle," property law " in some of the basic rules, show that " property law" and the " Regulations " in the collection of the legal protection of private propertyinterests with respect to uphold the same legal concept. Comparison on the proceduresafeguard and expropriation compensation legislation and put forward their own views onlegislative technology.The third part: from the housing on the private property interests limit angle, from alegal and public interest two aspects of perspective, that limit the private property interestslegitimacy, combined with the " Regulations " in the collection of private property interestslimit three legal cases further restrictions on the necessity to analyse.The fourth part: analysis of the existing legislation to four main shortcomings,according to the definition of public interest, hearing procedure consummation, thecompensation to the land owners and Charterers ’ legal status, in the absorption of foreignlegislative experience, analysis and comparison of domestic academic viewpoint, putforward their own suggestions.