The Theoretical Study Of Enforcement Of Levy Compensation On State-owned Land Housing

Since ancient times, the land and building houses on it is the most important property of the people. Land system is closely related to livelihood issues. During the implementation period of “The Urban Housing Demolition Management Regulations", which was enacted in1991and revised in2001by State Council, the conflict of interest on the land has become increasingly prominent with the economic and social development. Vicious extreme events often occurred in the process of land acquisition and resettlement. On January21,2011,"The ordinance of levy and compensation on State‐owned land housing " was in official promulgation, it clears the principle of judicial enforcement. Subsequently, the Supreme Court issued the judicial interpretation of levy compensation on housing, which clearly stated the principle of separation of sanction and execution. Although the new regulations and judicial interpretation has made great progress in some areas, there is room for further improvement in system. Based on the concept, characteristics, principles of enforcement of levy compensation on housing and the theoretical analysis on three stages of application, judicial review and enforcement, this article concludes the following suggestions: clarify the existing review standard; establish the standard of enforcement right under the principle of separation of sanction and execution; build the specific implementation procedures of administrative organ under the principle of separation of sanction and execution; improve the legally binding mechanism in the illegal relocation. In this way, the rights and interests of people imposed are protected, and the vicious extreme events can be avoided.