On The Perfection Of State-owned Land On The Housing Levy Compensation System

Property is one of the most important fundamental rights of citizens, the vast majority of the world’s democracies are private property is inviolable principle as an important political and legal principles for. Whether Western popular proverbs "into the wind and rain to enter, the king can not enter", or in our Constitution, "Citizens’lawful private property is inviolable", reveals the principle of legal protection for citizens’ legitimate private property rights.90s of last century, in order to promote social and economic development, to further accelerate the process of urbanization, China began to enter the city scale expansion and renovation of the old town rebuilding period, dramatic changes occur in many areas, the scale of urban housing demolition is also expanding. It is worth noting that involve the demolition of houses belonging to the lawful property of citizens, housing demolition act to deprive citizens of private property rights, with each property to be demolished fundamental interests of citizens of solidarity, can be described as the relationship between people’s livelihood, the urbanization process if ignored Citizen Property Protection, if not handled properly it is likely to cause serious social disputes. In recent years, demolition, demolitions these words appear in the public eye again and again among the violent demolition, demolition of anti-immolation incident after another, became the most harmonious social instability. In response to this complex situation, in January 2011, promulgated the "Housing levy and Compensation Ordinance" The criticism has long been replaced by "City Demolition Management Regulations" to solve the state-owned land on the housing levy in the ongoing problem.But the "Housing levy and Compensation Ordinance" slightly rough, and implementation details have not yet enacted, many implementing measures are still to be strengthened and improved. In this paper, the current housing levy in violations of civil rights to protect citizens from private property rights as a starting point, and access to foreign literature associated with domestic comparative analysis, make some legislative proposals, to find a way to solve problems, to Perfection of the relevant system. The following article is divided into four parts:The first part of the historical development of state-owned land on the housing levy and compensation system evolution overview and comparison with foreign institutions. Then introduce legislative achievements "on state-owned land on the housing levy and Compensation Regulations", which promulgated for the protection of private property housing levy to compensate citizens of our country has a very significant role.The second part of the housing levy compensation for work performed situation analysis, emphasizing private property rights is a fundamental human rights of citizens, it is an important part of the fundamental rights of citizens, in the collection of the work must be focused on the protection. Then the demolition of houses listed urbanization violence after the work of the housing levy compensation of repeated, forced evictions typical events, analysis of private property of citizens have been repeatedly violated its causes, draw in front of citizens in public power for the powerful backing of forced evictions seem cents without any defense.The third part is certainly an important role, "Expropriation and Compensation Ordinance", it’s against the law enacted many acts of demolition has been checked, its effectiveness is obvious. But even after the enactment of the new law, still troubled by the illegal demolition of repeated public, the people still suffer, illustrates the effect of the introduction of a law alone is difficult to achieve a comprehensive housing levy in protecting citizens’ private property rights, regulations Problems are still many, should further improve and perfect.Part IV for detailed analysis of the problem raised by the third part of the proposed and existing housing levy and compensation system problems in some improvement suggestions to curb the damage to the housing levy property caused by the citizens, increase the protection of private property rights of citizens efforts.