The Study Of The Compensation Regimen For The Housing Expropriation On Collectively-owned Land

Implementation of our land system is socialist public ownership of land, that is the ownership of the land belongs to the state or collective all working people.This special land system caused by China’s landownership and land use rights are separated from each other, ownership of land and housing ownership separated state. So in our country,existing housing expropriation and compensation system of this special collection system existence the issue of<regulation of compensation for the housing expropriation on stated-owned land>in2011.1.19by141st standing meeting of the State Council.It is affirmation and constructed the state-owned land on the housing levy and compensation system in the legislative.But relatively speaking,Collective land on the housing levy and compensation system has no legal support system.The current practice is also basis on<property law>,<land management law> and other laws.This cannot solve the housing levy collective land encountered problems.Collective land on the housing levy and compensation system in urgent need of national legislation to be unified and standardized.The full text is divided into three parts, using comparative analysis method of reasoning, building a comprehensive analysis of the state-owned land compensation system and building on collective land expropriation compensation system present situation, the two comparison, finally it is concluded that perfect solution. The first part use the method of comparative analysis, demonstration building on collective land and on the state-owned land, it is on the issue of levying countervailing are different in many respects, and on the basis of the comparison, for the building on collective land collection compensation when there is no specific law under the premise of the specification, to study on the issue of state-owned land expropriation system of related regulations. This part also demonstrates the building on collective land expropriation and compensation in the compensation program, should pay special attention to the local compensation content, etc.The second part is about the building on collective land acquisition for around in practice at present situation and the problems existing in the practice process of analysis. This part from the Angle of legislation, respectively from the collection of legal basis, after the compensation according to the specific principles, tax compensation from different ways and standards of our country building on collective land collection compensation concrete operation and practice analysis, points out that the building on collective land acquisition for what is insufficient in the concrete operation and practice, and discusses the factors to the cause of these weaknesses.The third part demonstrates the feasibility of the building on collective land collection compensation system and give some advices to perfect the system. The author in view of the present defects of collective land expropriation compensation system, the improvement of the corresponding proposed some shallow Suggestions:on legislative support, should establish a set of perfect targeted law, in order to in practice are laws; On the specific requirements of a compensation, procedures, methods, standard of compensation issues such as perfecting Suggestions, better safeguard the rights and interests of the expropriated; After a right remedy, puts forward several feasible compensation relief method, improve the system of compensation benefits.