Protection Of The Owner’s Rights In Orban House Expropriation

In recent years, with the rapid development of China’s economy and the continuous improvement of science and technology, the continuous influx of external population to the city,which promotes the process of urbanization quickly. As we all know,Urban land resources are very limited, in order to meet the increasing demands of land, we must take advantage of every inch of land efficiently. "Land administration law of the People’s Republic of China "clearly defined of article 8, land in urban districts shall be owned by the state, citizens have the rights of land use only. In order to reconfigure land resources that affiliated housing and use them efficiently, Urban housing expropriation is necessary. However, housings are the private property of citizens, an important place for citizens to live. Housing has a special meaning for them and they have the right to dispose their property freely.On the condition that Citizens’ private property were expropriated directly without entirely fair and reasonable compensation, the conflict between levy officer and condemned has intensified easily. According to the brutal bloody relocation cases through various media and networks, these events reflect,governments which are on behalf of a public authority, the people which are being levied on behalf of private rights, one is stronger, the other is weaker. the rights of citizen which is condemned are often willfully infringed. "state-owned land on the housing levy and compensation ordinance” has been announced on 19 January 2011 by the 141 st meeting of the State Council and promulgated, which replaces "the urban house dismantlement management regulation ",it completely changed the way the demolition management. In order to protect the rights of the expropriated person better, the new regulation changes "demolition" into "expropriation."This paper has been focused on protecting the rights of people, analyzing that during the process of urban housing expropriation, the government should obey the administration, public administration justice, the principle of proportionality, the principle of democratic participation and responsibility and authority is in consistent with basic principles in earnest,and ensuring the condemned’s property rights, the right to know and to participate, the right to get the smooth implementation of the right to compensation and compensation options, the right to supervise and relief. According to "state-owned land on the housing levy and compensation ordinance",it is defined that the property of units and individual are expropriated only by our country.In order to safeguard the public interest, it improves the standard of compensation, it has carried out a series of court to replace the government imposed measures to actively protect the rights of forced evictions. However, due to the provisions of the definition of the public interest is not clear and the lack of effective public participation in the process of collection, inadequate supervision of the government’s collection of work.In addition,it also lacks a special administrative accountability mechanisms, all of them lead that it is impossible to compensate entirely fair and reasonable in practice, the remedy for the citizen may not be implemented well after the incident, the legal rights of the condemned can not be protected efficiently.After recognizing the current urban housing expropriation problems, we can find practical ways to put into practice, and protect the people’s legitimate rights and interests effectively, ease the contradiction between the government and the individual, ensure urban housing expropriation work proceeding smoothly, promote social stability too. I do believe that these solutions to the problem will work: standardize public interest standards and procedures; improve the public hearing process and effective participation to the work of the housing expropriation and let them do their own masters; expand the scope of compensation for expropriation appropriately and protect people to be compensated entirely fair and reasonable; strengthen community supervision of government, let the government serve the people in nature; develop legal norms of a unified administrative accountability; improve the protection of human rights of remedies, ensure judicial neutrality without any interference. In order to protect the legitimate interests of the expropriated more actively, promote sound and rapid urbanization of China’s advance, any method can not work immediately, personally,if we implement these methods to solve the problems seriously, it will alleviate the friction between the main collection effectively and promote social harmony well.