Real Estate Expropriation Legal Issues Of The "Three Old" Transformation

"Three old" transformation was originally the ministry of land and resources to theinnovation of the land use policy in Guangdong. Pilot exploration in recent years, variouscities across the country had been "three old" transformation, certain achievements have beenmade in the practice, of which the most "Foshan model" typical, Guangzhou, Dongguan andother places experience is worth using for reference. Current perspectives on the theoreticalresearch of the system of "three old" transformation of special request, the national level alsonot directly relevant legislative provisions, mainly on the basis of the policy document andretrofit scheme."Three old" transformation involved in real estate tax issues, including publicinterest determination mechanism, the compensation standard of the applicable law, procedureand other issues are worth further study. In this paper, based on the research of the above legalissues, in order to standardize the "three old" transformation, offer reference to perfect the realestate expropriation.This paper points four parts:The first part expounds the connotation of "three old"transformation and policy background, Foshan city, with some typical examples, the concreteanalysis of the "three old" transformation of the role of the government, village collectivesand developers, the final from two aspects: state-owned land and collective land of resolvingthe "three old" transformation of operation mode;The second part discusses the public interests and public interests to judge ruled thatexist in the main body, different standards, lack of legal constraints and obstacles, such asprogram specification, on the basis of detailed analysis of the "three old" transformation ofreal estate expropriation problem of public interests;The third part expounds faircompensation principle is "three old" transformation of the real estate a good principle, on theanalysis of the "three old" transformation of the real estate fair compensation principle facethe shortage of legal application, loss of compensation standard, collective ownership, etc, onthe basis of fuzzy to overcome path dependence puts forward some countermeasures toimprove the fair compensation principle;The fourth part analysis the "three old"transformation of the real estate on the lack of due process in the public interest to judgeindependent link, insufficient participation and the protection of the right to knowexpropriated, imperfect remedy defects etc., drawing lessons and advanced experience fromforeign countries and other areas, to explore "three old" transformation of the construction ofthe real estate expropriation due process path.