Urban Housing Issues Of Compensation For Expropriation

China’s cities are still in the process of urban upsurge caused by theimposition. As the current lack of clear laws and regulations impose theprinciple of compensation, the compensation standard is still lack of fairness,compensation disputes judicial relief mechanism is limited, the objective causeto be imposed and imposed the two sides continue to dispute the issue ofcompensation is reasonable and casualties caused by a series of bloody events,become a hazard to social stability and harmonious development of the instabilityfactor. Especially the elimination of violence had been sent to the demolitionof hopes for the new compensation regulations impose <state-owned land on thehousing levy and Compensation Ordinance> was January21,2011has beenpromulgated, the housing levy violence are still staged. The reason, both becauseof the existing legal framework arising from the housing levy compensation stillcan not be properly addressed. Therefore, a careful analysis of the currentsystem of compensation for expropriation problems and propose improvements tothe legal significance positive. In this article I shall discussed from fouraspects:The first section briefly discusses the concept of compensation forexpropriation and characteristics. With relevant laws and regulations on the“Urban Housing”,“collection” of their provisions, summarized the conceptof housing the collection of compensation, and then analyze the housing levyadministrative actions and civil compensation has dual properties of behavior,more focused on protecting the legitimate rights and interests of the legalcharge characteristics; The second part of the statement of the legal system imposed after thefounding of our country’s development process. This section briefly imposedafter the founding of the legal system sort out the changes in the development,analysis shows that our early days of mandatory unpaid levy from landlords andhousing laws and regulations of the existing collecting system to b imposedgradually focused on protecting the legitimate rights and interests of legaldevelopment;The third section deals with China’s current laws and regulations,compensation for expropriation of the main problems. This section discusses waysto enumerate the existing compensation laws and regulations still exist in thecollection of the main problems and drawbacks, including lack of clear principleof compensation, narrow the scope of compensation, the collection ofcompensation disputes in judicial remedies is limited, the six aspects of theproblem, while the list every problem from a legal point of view on theirlegitimate rights and interests be imposed for the adverse consequences;The fourth part of the compensation laws and regulations on the collectionof the main issues put forward a sound proposal. Comply with this part of thethird part of the main problems have been cited summarized, focusing on theprinciple of full compensation from the establishment of the importance andnecessity, the collection of compensation shall be increased land use righttransfer and other aspects of project feasibility studies, and made the firstattempt to be imposed to give Select the preferred method of compensation ofproperty rights exchange option. Sought from a legal point of view the wholepart of the proposed housing improvement levy proposed compensation system tobe imposed in order to facilitate further protect the legitimate rights andinterests.