Study On The Substantive Fairness Of Compensation For Expropriation Of Buildings On State-owned Land

Along with the accelerated process of urban planning and construction as well asthe rising tide of expropriation of buildings on state-owned land, for the sake of publicinterests, damage to the private property of the owners of the buildings to beexpropriated has been caused and life of them affected inevitably. The problems notonly infringe the legitimate rights of the owners but also tarnish the image of thegovernment, impeding the development of urbanization. Therefore, this thesis focuseson the improvement and reformation of house expropriation and compensation, whichis of great significance in promoting harmony in expropriation of buildings onstate-owned land.On the basis of the study on domestic and foreign research, the thesis analyzesthe problems in state-owned land expropriation and compensation, holding that theoutcome has been severely affected by several factors: the lack of detailed regulations,the impractical rules, the narrow compensation scope, the limited number ofcompensation ways, and the flaws in welfare system etc.In addition, at first, the thesis elaborates that substantive fairness is the implicitpremise of deals forced to make, the inner demand of the principles of faircompensation and an addition to the market value, and that the relationship ofsubstantive fairness and procedural fairness is seemingly opposite yet essentiallyharmonious. After the elaboration, the thesis points out that the inner demand ofsubstantive fairness is the realization of the equity among the owners whose buildingsare to be expropriated, and the equity within the owners and those who enforce theexpropriation. A new perspective to deal with expropriation and compensation hasalso been presented here, from which it is emphasized that only if the legitimate rightsof those whose houses are to be expropriated are protected, the wills of themrespected, the balance of interests of both parties achieved, and the fact that that dealsare forced to make is the implicit premise admitted, can an ideal outcome ofexpropriation and compensation come into being. Further more, as it is necessary torespect the wills of the owners of buildings to be expropriated, based on EquityTheory by John Stacey Adams, the thesis established a relatively objective criterion toevaluate the subjective fairness matter.What is more, through the evaluation of substantive fairness in expropriation and compensation in the case of Metro Line One of Nanchang City, both the pros and consof present policy of expropriation and compensation have been brought to light;although the policy has been improved, it is still not good enough for fully fulfillingthe goal of substantive fairness.In the last part of the thesis, a series of advice on the accomplishment ofsubstantive fairness in expropriation and compensation has been put forward. Forinstance, it is proposed to confine and specify the rules of identifying public interestand the rules of hearing on compensation, to compensate the incidental losses causedby expropriation, to compensate in a range of friendly ways, and to adopt a criterionto offer guaranteed minimum housing provision according to per capita housing space.Other suggestions have been mentioned as well, including appropriately solving thedisputes on the value of the houses in the course of the real estates assessment,standardizing the definitions of administrative expropriation and civil compensation,promoting legal awareness and service consciousness, and ensuring the equity inexpropriation for people involved, etc.