Study On The Sate-owned Land Use Right Of Compensation For Housing Levy

With the development of the urbanization in our country, people paid close attention to urban house acquisition dispute. We have to say housing levy compensation is such a social problem that intertwined with every citizen. As we all know, there are a great quantity controversy about this system in China, and the compensation right is the most controversial focus one. The law of House Acquisition from State-owned Land and Compensation Ordinance promulgated by the state council in 2011, this regulations has made great progress than before in some aspects such as the collection purpose and procedure of housing levy. Unfortunately, there are no rules on compensation for the land use right. It is obviously that the law has not yet taken the crucial step of the legitimate rights and interests expropriated. This article focuses on how to improve the housing problem of land compensation in order to regulate the urban house acquisition compensation activities and protect the legitimate interests of the expropriated.During the urban housing levy, the lake of the land use right compensation has a lot to do with the economic system and land system in our country. For this, a lot of scholars has studied on this system and drawn some valuable conclusions. Under the condition of market economy, the land use right is an independent property rights and the land as a resources has the property of value. In the late eighty’s, China has established the system of paid use of land. Based on the principle of fairness and justice, proper compensation should be given to land use right users whereas the use right of State-owned land is recovered. However, there still exist many shortcomings of urban housing land use right of compensation mechanism in China: lacking of land compensation legislation, the provisions of the laws and regulations on land compensation conflict each other; the pattern of housing levy evaluation ignore the value of the land itself, it difficult to the house acquisition practice land compensation operation; current compensation system for collective land expropriation and removed building has many drawbacks, there is no difference between the full land and the space which have no buildings covered; also, the valuation of land use rights mechanism is not sound, and other issues. Combining with the practice of the urban housing land use right of compensation, in addition to manifest the value of the land use right in the legislation, and concrete system of the land use right should be regulated to improve the system of land compensation. I recommend using the binary method to separate building and land evaluation, separate the sold and allocated land to compensate and compensate for the land use right of outer space. In addition, should also strengthen the appraisal institution of neutrality, perfect evaluation relief mechanism.