Study On The Due Process Of Housing Expropriatio And Compensation On State Owned Land

With the rapid development of economy and the need for re-use of the state-owned land, the state has also become more and more active in the expropriation of houses on state owned land. Because of the imperfect legislation and the excessive intervention of the executive power on the house expropriation, makes the housing levy contradictions between the two sides become more frequent and complex,housing expropriation and compensation dispute has gradually become the focus of public attention. The housing levy and compensation procedure legislation and implementation of norms is one of the important reasons of expropriation contradictions intensified, is also the reason for the government in expanding power collection activities. The collection procedure is the process of the administrative power operation, if the program is lack of democracy and scientific nature, power is not only difficult to achieve, it will be imposed on the legitimate rights and interests of the person causing serious damage. Therefore, the housing levy and compensation program of study has important theoretical and practical significance, not only can analysis of housing expropriation procedures in the presence of prominent problems, research solutions provide a theoretical basis, also can be in the actual work of the housing levy, to standardize the operation of the administrative power, protect the legitimate rights and interests of the expropriated.The introduction of the "state-owned land on the housing levy and Compensation Ordinance", in a certain extent improve the housing expropriation system of China, the housing levy and compensation activities further the rule of law, but the problem still exists, lack of procedure and set the problem of inappropriate is particularly prominent, and there is still much room for improvement. For example, the lack of public interest identification procedures, lack of democratic participation and the housing assessment mechanism, such as improper operation. Firstly, this paper introduces the basic theory of the expropriation and compensation of the state-owned land, and lays the theoretical foundation for the study. Then analyzes the basic process of China’s current housing levy and compensation on the state-owned land, and points out the main problems. According to the relevant provisions of the foreign housing levy and compensation, the "nationalization", and puts forward the relevant suggestions to improve China’s state-owned land on the housing levy procedures, such as additional public interest confirmation procedures, improve the housing levy and compensation hearing procedure, to establish a scientific and Democratic House evaluation mechanism.