Research On House Expropriation And Compensation Procedure In Chinese Cities

Since reforming and opening, domestic economic development level has been increasing. Rural populations accelerated flowing into cities leads to the city’s land-use supply and demand contradictions more and more serious. In order to meet the urgent needs of urbanization, it is necessary to make overall planning on urban land resource to improve the utilization efficiency. The “three old transformations” will become the theme of city development for a long time to come. Houses are legal properties of citizens and the property rights and interests attached to the houses are the important parts of personal rights. During house expropriation, how to give economic compensation and resettlement to the house owner is the blasting fuse of provoking conflict between government and the masses. Due to weak sense of law, the levied persons can not ensure their legal rights and interests by law but to adopt some irrational ways against expropriation, and some group incidents were raised and draw public attention.By reviewing the development process of house expropriation and compensation in Chinese cities, it is not hard to find that the procedure is being constantly improved. Combining with the Regulation on the Expropriation of Buildings on State-owned Land and Compensation issued in 2011 and current legal documents relevant to house expropriation and compensation in Chinese cities, this article analyzes the current status of house expropriation and compensation procedure and its problems, and gives some advice to provide theoretical guidance for promoting the sound development of urbanization, smooth workings of house expropriation and compensation and promoting harmonious social construction.The structure of this article is as follows:Part One: to mainly sort out the basic theory of house expropriation and compensation in China, to point out the concept of house expropriation and compensation procedure in China is the process that the public administration expropriates citizen’s house and arranges compensation by law starting from meeting the public demands and benefits. And to extract the two basic features of house expropriation and compensation procedure in China are public interest and rights protection. To analyzes and discuss the house expropriation and compensation procedure on its principle and function.Part Two: to mainly analyzes the house expropriation and compensation procedure in China, using the advanced foreign experiences, to point out the main problems existing in China:1. The nature of the procedure is unclear. 2. The defining of public interest procedure exists defect. 3. Implementation procedures is not fine. 4.Remedy procedure is not fine.The mainly reason is some traditional administrative ideas, such as emphasis efficiency and neglect fair, emphasis administrative power and neglect judicial power.Part Three: to propose improvement measures for the problem existing in house expropriation and compensation procedure: 1. To be clear that the house expropriation and compensation procedure in China shall be human-oriented, to protect the legal rights of the levied persons. 2. To build a review process on public rights, to secure the court’s dominant position when reviewing. 3. To perfect the house expropriation and compensation procedure. Firstly, perfect the public participation procedure. Secondly, clear the starting standard of hearing system, then to authorize the court to make the decision on expropriation and compensation, finally add a conciliated procedure before expropriation and compensation. Fourthly, perfect remedy procedure, such as setting up administrative reconsideration, administrative litigation and so on, to provide legal safeguard for protecting legal rights of the levied persons.