| For the high-speed economic development in today’s society, housing problem is one of the focus problems of modern society, and especially in the cities housing collection of compensation system more cause the attention of the society. This paper studies the current urban housing collection of compensation mechanism, the outside housing collection of compensation system, summarizes the analysis of China’s urban housing collection of compensation in the system and the practice on the existing problems and put forward the feasible Suggestions to solve the problem, this to sort out the present situation of urban housing collection of compensation system in China, outside the system, to solve the existing disadvantages, so as to restrict administrative power safeguard people’s rights, improve the government credibility, has important practical significance.Based on our country’s laws and regulations and practice of urban house acquisition compensation problem as the research object, key research closely related laws and regulations: in 2011 the state-owned land on the housing levy and compensation ordinance in 2015 newly built "administrative procedural law", and used the study methods such as case study, the Chinese and foreign contrast. Specific articles context is as follows: first, analyzes on housing demolition concept, on the current of the administrative law about the urban house compensation according to the research on the laws and regulations, clear on the concept of demolished buildings, summarizes the present situation of our urban housing collection of compensation and shortcomings. Then, to learn from outside the relevant legal system, good analysis our country city house acquisition compensation problem of public interest and public interest definition and compensation mechanism, the advantages and disadvantages. And enforcement in urban house acquisition are studied, through analyzing the present situation of our country clearly and, to induce deficiencies and can guide the direction of the future. Finally, through the overall analysis on urban housing compensation combined with factor analysis, for each element in the chapter finally summed up the shortage of perfect method.The main research results are:1.It puts forward the model of Japanese public interest the end type list, to perfect our country city house acquisition compensation mechanism in the premise that the definition of "public interest".2.Put forward combined with the principle of fair market value, to establish a unified urban housing collection of compensation standard, such as: residential housing monetary compensation is: the house acquisition units compensation =(benchmark land price xK + benchmark prices) x is house demolition construction area + reset into new price of a house that is to be demolished. Correction coefficient K is for volume rate.3.To make careful urban housing collection of compensation system of compulsory execution and concrete standard point of view, and combined with the court for compulsory execution issued notice of house acquisition and housing to collect the problems existing in the enforcement process, the author proposed a compulsory measures, careful building specification and should make detailed laws and regulations.The innovation of this paper is:(1) Since July 2015 the implementation of the new "administrative procedural law", caused the urban housing collection of compensation system in the field of administrative law in the larger changes, combining with the new "administrative procedural law" and "state-owned land on the housing levy and compensation ordinance on urban housing compensation system has carried on the latest research.(2)To model the compensation system on city housing outside of the rules and regulations and practice, combined with China’s present situation, in order to put forward feasible Suggestions. Particularity details are focus on the problems, such as: violence forced demolition compensation, etc. |
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