Study To Regulations On The Expropriation Of Houses On State-Owned Land And Compensation

On Jan.21 2011, the Regulation on Expropriation and Compensation of Houses on State-owned Land Comes into operation. This regulation clearly identified the right of those people whose land is levied, and the government is confirmed as the subject of expropriation. As an epoch-making administrative measure for urban removal and relocation, this regulation has several differences compared with the Demolition Regulation who is issued by the State Council in 2001. Firstly, the government, who once was the third party, has become the main body of compensation with authority and coerciveness. Secondly, the only reason for expropriation will not be commercial interest but be public interest. Thirdly, arbitrary administrative execution was replaced by judicial compulsory execution-the only lawful means. Fourthly, the new regulation not only requires the procedure procedure that removal should be executed after expropriation and compensation, but also illustrates the standard of expropriation and compensation by a series of detailed rules.However, the new regulation is confronted with a lot of difficulties and problems because of its drawbacks. For example, the District Government is unaccustomed to its new role defined by the new regulation. The differences of organization structure for expropriation result in the gap of effect between the different district governments, and increase the difficulty of supervision and guidance by the municipal government. On the first year when the regulation was issued, nearly all cities’ urban renewal was suspended for wait and see. In that year, there has no any case for making expropriation decision in Shanghai. On March,2012, Zhabei District took the lead in making the decision, and breaked the the deadlock of Shanghai’s Expropriation and Compensation. For General Secretary Xijinping has put forward Chinese Dream, it is necessary to research the the exercise at the grassroots level, to improve the mechanism of Expropriation and Compensation, and further, to protect the legitimate interests of the people whose land is leviedThe main significance of this dissertation is to destruct the drawbacks of the new institution, and to propose several improvements for the mechanism. Innovative Points of This Paper include at least two breakthroughs:Firstly, on the basis of Public Choice Theory, the paper analyzes the influence of the decision maker’s preference on urban construction and development, explores the choice of the preference in the past thirty years. The paper demonstrates the characteristics of the relocation policy in different times and put forward several suggestions. Secondly, on the basis of Symbiosis Theory, the paper suggests the government change the mind of those people who expect to be millionaires through Expropriation and Compensation. Meanwhile, the government should consider distribute more interest to the people whose land is levied. Only by complying with marketization requirements can the govemment construct a more reasonable and more modernized mechanism for Expropriation and Compensation of Houses on State-owned Land.