Research On State-owned Land Use Right Of Compensation For Housing Levy

With the constant improvement of the level of urbanization in our country and the expansion of the old town house relocation scope, social contradictions and conflicts became more and more acute. However, one of most important thing cannot be neglected is the housing problem of state-owned land use right compensation. During the urban housing collecting, a strong government shaped sharp contrast in the front of weak position whose land was levied. Their legitimate rights and interests of land were always violated. By through the law of 《House Acquisition from State-owned Land and Compensation Ordinance》, many aspects of the further the rights and interests of people have been formulated.But unfortunately, the state-owned land use rights compensation in the house acquisition is just a few words.Most of the current laws and regulations on compensation problem of state-owned land access indistinct definition exist and fuzzy standard lead to government abuse of power and damage the legitimate rights and interests of whose land are levied seriously in practice. Land use right as one of the citizen’s private property rights has certain economic value, violating those rights belongs to the infringement of citizens’ property rights. In the house acquisition of state-owned land use right of compensation, because of the lack of system level validation and the interests of rights, will only be expropriated formation in order to safeguard the legitimate rights and interests of their violent confrontation with the government. Bases on the observation and recognition of those social problems, another mainly from the perspective of maintaining the lawful rights and interests to explore the compensation problem thestate-owned land access in this article.The article is divided into four parts:The first part expoud the basis of the theoretical foundation of the compensation for the state-owned land use right. This part separately elaborated the state-owned land compensation theory basis and current basis:Introduces the land expropriation compensation theory and the ownership of state-owned land use right and from the two aspects of the legitimacy and the rationality of the compensation of state-owned land access to illustrate the reality of the compensation for the state-owned land use right.The second part focuses on our country’s housing problems of the state-owned land use right in the compensation. Lack of legal basis is the primary problem, legislative defects lead to abuses by the government from time to time. The second is that the compensation scope is not fuzzy and uneven distribution of compensation; finally, the evaluation system is not standard also is existing in the compensation of state-owned land access is an important problem.The third part is on the basis of the above problems, reveals the compensation of state-owned land access the deep reasons of the problems. The main reason is that the value of the state-owned land use rights are weakened, the dislocation of the government’s role as well as current cadre evaluation system to compensate the influence of impartiality.The fourth part puts forward the perfect path for the compensation mechanism of state-owned land access house acquisition. The first is to perfect the compensation legislation of state-owned land access; In addition to reposition the principle of compensation of state-owned land access and value, and establish fair and reasonable compensation scope and standards; finally, regulating the compensation evaluation system of state-owned land access to make the legitimate rights and interests of land expropriated gets real practical protection.