Study On The Compensation System Of Housing Expropriation In China

Along with the rapid economic development and the accelerated urbanization progress in china, the structures which had been built in cities has been replaced in form of transformation of the old cities and requisition of the houses for the reason that the old ones do not adapt to the development of the city. At the same time, the conflict between people and ground intensifies as a result of the decreasing of urban construction land. And this conflict makes it urgent for cities to expand outwards. The situation of housing acquisition on collective land is naturally increasing. The contradiction caused by house expropriation and compensation in each big city is highlighted increasingly together with the rapid development of urban housing levy. This affects social harmony and stability.The existing housing levy compensation system in China went through 5 stages of historical evolution, which has made some breakthroughs and progress, such as making it clear that using the word "levy" to replace "demolition", clearly abolishing the administrative system of forced demolition, clearly defining the public interest and so on. However, there are still some problems that need to be solved urgently. These problems mainly reflect in 4 aspects. First one, ill-defined public interest affects the judge to legitimacy of house expropriation. Second, the vague expression of law influences its functions of guidance and prediction. Third, the challenges that justice forced demolition is facing impact the dependence of justice. The last one is that the blank regulation of housing levy on collective land affects the legal protection for famers on housing levy compensation.According to the existing problems in the house expropriation compensation system in our country, we can propose detailed suggestions to improve it on the basis of generalizing and mirroring concrete measures and experiments of house expropriation compensation policies in foreign countries. In the first place, we should find a balance between levy and marketing operation, including the role government played in housing levy compensation have to be reasonable set and try to strike a balance between personal interest and public interest. In the second place, we should refine the scope of public interest, namely, "the municipal infrastructure construction; science-education-culture-health and environmental protection, disaster prevention and mitigation, the protection of cultural relics, the construction of social welfare and other social public welfare undertakings organized and implemented by the government; national defense and diplomacy; the affordable housing organized and implemented by the government; the old house and city reconstructive organized and implemented by the government in accordance with the relevant provisions of the Urban and Rural Planning Law; and some other public interest regulated by law and administrative rules". Last, we should strengthen expropriation compensation mainly by means of improving evaluation ways, taking the land usage right into compensation, taking collective land into new regulations, improving the operability of clauses of statute and making compensation for the renters and do on.