Study On The Alteration Of Land Ownership And Housing Compensation In The Reconstruction Of Urban Villages

The reconstruction of the urban villages is a systematic project,which involves the change of land ownership,the land compensation,the housing compensation and villager resettlement,the procedural justice,the right relief and other issues,among these problems,the change of land ownership and housing compensation and villager resettlement are the main problem,because they leads to many disputes,so as to,affect the progress of the reconstruction of the urban village.On the change of land ownership,many local governments take the model of the whole nationalization of collective land to complete the change of land ownership.The commercialization of land expropriation right drives the system to produce,and the weak protection of private right has encouraged its development.There is no clear legal basis for the model of the whole nationalization of collective land,but it is erroneously applicable to the relevant administrative rules and regulations.Because the land ownership is an important property right,there should be a fair and reasonable system to regulate it,but compared with the land expropriation,the model of the whole nationalization of collective land lacks necessary restrictions and compensation provisions,which Is not conducive to the protection of collective land property rights.Due to the specific nature of the reasons for the whole nationalization of collective land,it is too difficult to amend,the model of land expropriation should be used to protect the collective land ownership.It is the legally administrative requirements of the protection collective land property rights that requires the model of the land expropriation.Houses within the collective land and the state-owned land are within the scope of the city layout,but there are a lot distinctions in the system of regulation,the compensation idea,compensation standards,compensation and scope of the project.The housing levy and compensation ordinance applied to the houses within the state-owned land establishes the idea of fair compensation,the housing market price determines the value of the houses,the compensation projects are set up scientific and reasonably,the scope of compensation is relatively large,local governments introduce the regulatory documents to regulate the housing compensation,these housing compensation policy give the parties appropriate compensation,the compensation project is not scientific,and the scope of compensation is narrow,which,to a certain extent,damages the property right of the property owner.Fair compensation has been recognized by the United States,Germany,Japan and other modern constitutional countries,but also it is established by the housing levy and compensation ordinance applied to the houses within the state-owned land.The idea of fair compensation also should be establishes in the housing compensation in the reconstruction of the urban villages,which is not only the general trend,but also the inevitable requirement of the equal protection of citizens property rights and a harmonious society.Be directed by the housing market price as the standard,we determine the value of housing compensation,in addition to that,it is proposed to set up scientific compensation project to expand the scope of compensation.The reconstruction of the urban villages conforms to the interests of the villagers and the overall development of the city,which Is conducive to future generations,It is of great theoretical and practical significance to solve the problem of the change of the land ownership and the compensation of the houses.