The Research Of China’s Housing Expropriation Compensation Legal System

With the continuous progress of the urbanization, to the land produced a large number of demand. Large-scale urban renewal become the trend of The Times. As the most important property of each family, house involves the immediate interests of the people by collection. So the collection of urban houses became a national important topic, especially after several forced demolition.<The houses on state-owned land levy and compensation ordinance> was published in this context. Compared with<Urban housing units regulations>, this ordinance has some positive change. Like:to strengthen the protection of the rights and interests of the person by collection; paying attention to the collection of fair compensation; doing collection compensation procedure strictly; abolishing the administrative enforcement etc. At the same time, the ordinance has its shortcomings.This paper will explain housing collection system, clear<The houses on state-owned land levy and compensation ordinance> advantages and disadvantages. On the basis of the advanced experience of other countries, the author will provide put forward rational suggestions from theory and practice, combined with the actual conditions of our country. This paper is divided into four parts:First, housing collection of compensation system overview. This part mainly has the following content:the history of housing collection, the basic concept the legal characteristics and significance. In that case, We will form an overall understanding of housing collection in order to further study.Second, the present situation of housing collection. Specific analysis the present situation by researching<The houses on state-owned land levy and compensation ordinance> and actual situation. In theory, try to find the Regulations and Property law contradictions. Try to analyse the low levels of the legal effect, and the unclear definition of public interest. In practice, try to analyse the compensation system, the legal limitation of judicial relief and the burden of the people by collection etc.Third, foreign housing collection system and the enlightenment for our country. This part will introduce some representative countries like Japan, the USA etc. Comparing our shortage and their advantage, we try to find some useful system for reference. Last, the perfection of housing collection system. This part will summarize the whole paper, put forward rational suggestions according to the existing problem. We will explore a new way to start housing collection in order to protect the participation of the people by collection, balance justice and efficiency, which promoting our housing collection.