The Legal Analysis Of The Administrative Cases Of The Housing Expropriation And Compensation On The State Owned Land In Hunan Province

Along with the acceleration of urbanization in China, the disputes on the housing levy and compensation in the state land are increasingly fierce. Although the State Council promulgated the "state-owned land on the housing levy and Compensation Ordinance" in2011, after the introduction of commercial housing system, the construction of the legal system of the demolition couldn’t keep up with the demand of the large scale of the need to housing levy itself. Strong move and other social phenomena directly lead to publicly questioned the fair and justice of the demolition activities.Based on the state of Hunan Province as the breakthrough point, this paper analyzes the existing problems of the government in China’s current housing demolition, and has a strong theoretical and practical significance. From 2012 to 2014 in Hunan Province, the basic situation of housing levy cases showed that the government as the main body of the housing levy and the implementation of the housing levy and compensation issues are mainly three points. First, the housing levy compensation in the government’s administrative act; second administrative organs to take measures to remove the mandatory removal of housing and administrative acts; third types of housing levy compensation in the administrative omission.In view of the problems and causes of the government to housing levy in Hunan Province, it also can solve the problem of housing levy in our province and city. The administrative department must scientifically position the government role and accept the judicial supervision. To protect the substantive justice of the act of expropriation, and to give a fair and reasonable compensation to the people who have the house levied. To ensure Procedural justice to the housing levy, and effectively enhance the public and transparent. Improve housing information disclosure, housing levy hearing system, etc.to protect the full extent of the housing levy. There are a lot of problems existing in the system of state-owned land demolition, this paper puts forward the ways and suggestions to improve the improvement from two aspects of theory and practice.