Research On The Legislative Perfection Of The State-owned Land On Housing Expropriation Compensation Regime

With the rapid development of Chinese economy and rising international status, China’s urban construction, infrastructure construction and urban redevelopment are constantly around. The real estate is playing an important part in China’s economic development process.At the same time, the real estate industry are also the most profitable line of business. Of course, the city’s construction and development is inseparable from demolition and expropriation.In the form of specific legislation demolition of urban housing management system, the "Urban Housing Demolition Management Regulations" in1991, make provision of the approval authority and procedures, compensation and resettlement policy and legal responsibility, which standardizes the Urban Housing Demolition Management activities and opens up China demolition era, but due to the economic impact of the planned economy, it is characterized by the collection of state-led actions, the interests of the demolition has not been fundamentally well protected."Urban Housing Demolition Management Regulations" opened the era of China’s demolition in2001, and promoted China’s urbanization process, then. With the development of the times, it cannot meet the economic and social developments. The interests of the game between the government, real estate developers and the demolition has never stopped, caused by the demolition Many social conflicts are caused by the demolition, resulting in a series of "violent demolitions" and "bloody demolition" event, in which "Wu Ping, Chongqing nail house" cases and " TangFuzhen in Chengdu Jinniu " case are typical."Regulation on the Expropriation of and Compensation for Houses on State-owned Land "(Hereinafter referred to as "the new regulations") formally became effective and implemented, since China declared the end of the era urban housing demolition, opened the era of constitutional significance of the collection."The new regulations" has achieved significant legislative progress. On the one hand,"the public interest" has been defined by the law for the first time, and the expropriation power of the government is limited; on the other hand, it is with "judicial demolitions" instead of "administrative demolitions", which pays more attention to the legal protection of property rights and emphasize the public interest and private property balance, the public power and private right balance. It is helpful to resolve social conflicts and build a harmonious relationship of the expropriation.However, according to more than two years of implementation of the situation and "2011China Annual Report demolition" and "2012China Annual Report demolition" made by Wang Cailiang lawyer,"the new regulations" cannot impose the end of the process of "violent demolition","bloody demolition ",the legal expropriation of private property rights is still so fragile in the exercise of government authority powerful process. The various interests of the game to become the focus of attention levied relations, the pursuit of merit in the government and developers to pursue business interests in the process, protect the legitimate interests of expropriation is still the focus of attention, hot issues. In the expropriation process, the compensation remains the core issue and the key question. Because China’s Constitution stipulates:"Citizens lawful private property is protected by the law but shall not be infringed." Housing savings of many years as a citizen have an important property, carrying on the family life of dreams and feelings, is a man married one of the signs, as France Yan says:"no property, no personality." Although "The new regulations," has made some progress on legislation, stressing compensation is levied on the premise,"no expropriation without compensation," but there are still some issues to be further improved legislation for China’s housing expropriation and compensation work to provide a legal basis and better protecting the legitimate property rights of the imposed.In this paper,"The new regulations," the relevant legislative provisions and extraterritorial imposition on housing-related compensation system, through literature research, normative studies and comparative studies on the current state owned land on the housing expropriation and compensation to sort out and analyze relevant legislation, I hope to provide some of his own suggestions for the state-owned land on the housing expropriation and compensation work from the legislative to build up our country’s housing expropriation and compensation system, which will better safeguard the legitimate rights of the imposed and provide the housing expropriation and compensation practice scientific and rational system support and legal basis. It contributes to building a socialist harmonious society.In summary, this paper is structured as follows:The first part explains the state-owned land housing expropriation compensation system overview. This section focuses on state-owned land and housing expropriation compensation system concepts and features of state-owned land on the housing expropriation compensation and related concepts, including state-owned land expropriation and requisition housing expropriation and collective land expropriation, housing expropriation and commercial demolition. It also discusses sources of law of the housing expropriation and Compensation on the state-owned land, the Constitution, laws, administrative regulations, local regulations, departmental rules and regulations and judicial interpretation on the housing expropriation and compensation regulations.The second part explains the housing expropriation compensation system extraterritorial legislation introduction and reference. This section first describes the extraterritorial provisions of the housing levy compensation system, as well as examination of these systems, and then by foreign and Hong Kong regions examination of these systems is proposed for significance in China, including the legal system is sound, the public interest to make clearly defined, and improve housing levy compensation due process, establish a reasonable standard of compensation for expropriation, an effective judicial remedy.The third part explains legislative problems of China’s state-owned land housing levy compensation system. This section focuses on the current state of the system of compensation for expropriation of land and housing problems in the legislation, such that the state-owned land housing levy compensation legal system is not perfect, the definition of the public interest is unscientific, the specific provisions of compensation system is imperfect, the right of the imposed to relief approach is not smooth.The fourth part explains the improving the state-owned land on housing expropriation compensation regime. Against the problems of state-owned land for housing levy compensation system in legislation This part puts forward some countermeasures and suggestions on constructing the system of the housing expropriation compensation on the state-owned land from the following aspects:the improvement for the legal system of the housing expropriation compensation on the state-owned land, scientific definition of the public interest, and improving state-owned land housing expropriation compensation mechanism, improving the rights of expropriation relief system, etc.