Problems And Countermeasures Of Regulation On The Expropriation Of Buildings On State-owned Land And Compensation Exist In The Implementation

Housing is the most important property for the people. Housing ownership isrelated to the vital interests of the people, so the house expropriation has been thefocus of social attention.The " state-owned land on the housing levy and Compensation Ordinance "promulgated in2011(hereinafter referred to as the " Supplementary Regulations "syndrome) than previously denounced as " management city Housing UnitsRegulations ", not only will impose restrictions on public benefit collection activitieswithin the scope of compulsory execution, in establishing the system of judicialdemolitions, the expropriation compensation also in accordance with market value asthe standard of compensation and the compensation before collection of rules ofprocedure. These are reflected on the effective protection of legitimate rights andinterests of the expropriated, the legislation is also a major progress.Because of its short time, regulations have not yet introduced, together with the "sign up " Regulations for the principle of content, in the local execution willinevitably arise " sign up " not to issue regulations. In this paper, the problems met inShandong province Laiwu city housing levy work as an example which exists in thepractical implementation of " Regulations " syndrome s problems, combined with thelocal reality, puts forward some suggestions. This paper is divided into four parts:The first part is the present situation of Laiwu state-owned land on the housinglevy work are summarized, including the " local application of reconstruction of"village in city " sign up " scale and regulation in Laiwu city.The second part mainly proposes the Laiwu state-owned land on the housinglevy specific work (mainly in the " village" transformation of data) problems,divided into problems and judicial existence there is imposed, levied the problems ofhuman problems, expropriation procedures, legislation of compulsory execution fiveaspects of problems.The third part mainly analyzed the reasons for the existing problems, mainlythrough the historical reason, who is charged with collecting human existence reason,expropriation procedure and legislation and the maintenance of social stability in sixaspects. The fourth part mainly puts forward some countermeasures and suggestionsaiming at the problems existed in the practice, divided into undocumented buildingdistinction treatment, strengthening strict enforcement of the regulation strength,illegal expansion, establish accountability mechanism, improve the social securitysystem, the housing levy compensation criteria should determine through hearings,the same conditions to give priority to foreign real estate price assessment agenciesestablishment of evaluation results, remote authentication system, perfect thelegislation in eight aspects.