Font Size: a A A

State Owned Land Expropriation Compensation Scope And Procedural Perfection

Posted on:2015-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:T F LuFull Text:PDF
GTID:2266330428467268Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up,China ’s rapid economic development, moreand more migrants into cities. City Central Plains and some land resources arelimited, in order to meet the needs of urbanization, the country needs to cities withlimited land resources for efficient utilization. State-owned land on the housing levyto be effective to achieve efficient use of land resources. In the process ofstate-owned land on the housing levy being carried contradiction to the governmentas the representative of public authority and to be imposed (ordinary people)represented between private rights have been gradually intensified. Any disputearising from the housing levy more and more, people often do not tend to beimposed by the law of the proper way to achieve the purpose of safeguarding theirlegitimate rights and interests, people tend to resort to expropriation violent actsagainst expropriation or to use extreme self-injurious behavior to attract mediaattention. Which is not difficult to draw a shocking message: be imposed in thesubconscious of people, they think it is not the best way to legal means to safeguardthe legitimate rights and interests. Conflicts, the existing legal norms is not enoughto reconcile this contradiction, came into being "state-owned land on the housinglevy and Compensation Ordinance."I believe that in the process of city-owned land on the housing levy andCompensation of conduct, following an unwritten rule: be imposed to deal withcountries impose decisions made in the public interest to make the necessarysacrifices. In China, the city’s houses and buildings have since the beginning of theestablishment on land ownership is separate. State based on the needs of publicinterest imposition of legitimate property of citizens of the original house, whilecompensating for the loss of civic buildings suffered damage. In accordance withrelevant laws and regulations,"the state-owned land on the housing levy andCompensation Ordinance" and other housing levy an administrative license by thecountry government housing levy and compensation process is completed in accordance with law. Obviously, if a man can not be imposed to generate areasonable trust in the government and the laws and regulations, be imposed if itconsiders it lawful private property rights protection has not been reasonable, it willnot be conducive to the normal housing levy.I hope that through the analysis of the housing levy, to compensate theproblems, to find a balance of interests of all parties involved in the housing levy. Beimposed because the houses were levied should be fairly compensated. I would hopethat practical research of the housing levy and compensation provided hereinpractical help.This paper analyzes the evolution of the process of state-owned land on thehousing levy, discusses the evolution of the process of state-owned land on thehousing levy the problems, compared with the previous demolition ordinancepossess the highlights and shortcomings "on state-owned land on the housing levyand Compensation Ordinance.";detailed discussion on a range of state-owned landon the housing levy and collection problems in the compensation program, to seekpractical ways to solve problems and suggestions. At this stage, the state-owned landexpropriation compensation process and contradictions that exist in housing isunlikely to be immediately eliminated; However, according to practical needs andreasonable compensation for expropriation to expand the scope and improve thecollection of compensation programs, so be imposed a fair and reasonablecompensation, can ease the contradiction between good housing levy andcompensation process that exists. Housing levy needs to be lawful and orderly, so asto better promote the urbanization process in China, to accelerate the country’seconomic development.In this paper, taking literature review research methods, normative analysis,empirical analysis approach to research, research studies done in this paper hassignificance in theory, the study also has significance in the real practice.
Keywords/Search Tags:State-owned Land on the Housing Levy, Compensation Range, ProceduralPerfection, Fair Compensation
PDF Full Text Request
Related items