Research On Urban Housing Levy And Compensation Judicial Relief System

With the rapid development of China economy and society, Urbanization is also simultaneously accelerating.In the process of urbanization is bound to involve the municipal building and renovation campaign and other construction projects. And implementation of these projects will inevitably involve urban housing levy and Compensation. And with the accelerated pace of urbanization, area and the number of urban housing has been levied in expanding. This led to disputes in the city housing levy and compensation areas are increasing. Urban housing levy and compensation field becomes one of the most easily lead to social problems. Urban housing levy and receive compensation system is a unique policy of our country, because of the ownership of urban land and the ownership of urban housing belong to different subjects. in urban areas, the land belongs to the state and urban housing owners only have rights to use the land. This makes China’s urban housing levy imposed legal system is more complex system than other countries. Coupled with the relevant legal system is not perfect, it will lead to urban housing levy and compensation disputes have become increasingly prominent, and thus lead to a lot of brutal, violent and vicious incident group events. Currently, there are two ways to solve urban housing levy and compensation disputes, that is, administrative relief and judicial remedies. Judicial relief has the dual function of power constraints and rights remedies in resolving disputes, so it is the most authoritative and formal solutions in solving urban housing levy and compensation disputes.It should become the most important way to solve the urban housing levy compensation disputes.This article is to study the judicial relief system for urban housing levy and compensation disputes. This article includes four parts:The first part,discusses the general theory of urban housing levy and compensation judicial relief. Introduces the concept of urban housing levy and compensation, the concept of urban housing levy and compensation for judicial relief, characteristics, urban housing levy and compensation for judicial relief significance and so on. The second part, based on the study outside perspective, introduces the city housing levy and compensation for judicial relief system of the UK, USA, France and Japan. And on this basis, summarizes the relevant foreign successful experiences, such as setting up a complete system of judicial remedies, judicial and administrative remedies relief work closely with judicial relief procedures involved in determining the public interest, judicial relief in focus led to a dispute the two sides reached consensus to resolve disputes etc. This has a positive significance to improve China’s urban housing levy and compensation judicial relief.The third part, focuses on the legislative and judicial status of China’s urban housing levy and compensation for judicial relief. And analyzes the judicial relief urban housing levy and compensation problems. For example,judicial localized impede the normal operation of the city housing levy and compensation for judicial relief, scope of judicial relief urban housing levy and compensation is narrow, unbalanced urban housing levy and compensation judicial relief, urban housing levy and compensation judicial review of the scope of relief is unreasonable etc. These issues need to be resolved urgently.The fourth part, on the basis of analysis the problem of urban housing levy and compensation judicial remedy, proposed six sound advice. Include:Improve the level of the court’s jurisdiction, expand the scope of urban housing levy and compensation for judicial relief, give the collection agencies right to sue for compensation agreement urban housing levy dispute, court granted compensation for expropriation review the reasonableness of conduct, increase the types of urban housing levy judgment judicial remedy and compensation, introducing the mediation system to the city housing levy and compensation judicial relief.