Houses On State Owned Land Research Of Expropriation And Compensation In The Old City Reconstruction Of Shucheng County

On January 21st,2011, the State Council issued and implemented Expropriation Compensation Ordinance on the State-owned land, which is referred as Ordinance thereafter. Compared with the Urban Expropriation Compensation Ordinance implemented in 1991, this Ordinance put "public interest" as the premise requirement. The Ordinance also establishes an open and transparent legal system procedure with broad public participation as well as the principle to assist people with difficulty and guaranteeing their legal interest. It reflects a lot of improvement and ensures the legal interest of the expropriated individuals. However, for the Ordinance is all about policies and administrative rules and regulations, and its content are mostly principles. So when is enforced, some problems which are not mentioned in it will inevitably emerge. When local government carries it out, how they can work out a series of relevant rules and regulations to constantly supplement and improve it is the key point. This article takes the urban renewal of Shucheng County as an example, combined with the local conditions. And the writer does some surveys, summarizes some successful practical experience and concludes the existing problems and insufficiency so as to solve the specific problems in levy.The first chapter is mainly about the article's research background, methods and research status in China and abroad and the definition of some main concepts in this article to illustrate its points and methods. The second chapter is on the basic information about the house-taking and compensation in the transformation of the old urban area in Shucheng County. And this chapter also tells the general situation of reconstruction of the old urban area and the preparation for the compensation for the houses taken. The housing levy compensation process and experience can also be found in this part. The third chapter mainly summarizes some problems encountered in the process of levy. The problems are the large scope of compensation for housing, the large gap between the compensation standard of the house expropriation and the high expectations of the individuals, the lack of interest insurance of the people who rented the houses and the social insurance of the people who have difficulties. The compensation can not meet the basic living needs for those whose houses are taken. Besides, the property division also influences the compensation. The causes of these problems are as follows. Strict administration according to law is still far from being in place, the relevant laws and regulations are not perfect, illegal construction of the lack of control mechanisms in illegal construction, social security system is not perfect and so on. In the fourth chapter, for the existing problems in the process of the compensation for land expropriation and compensation in the old city area and the reasons for them, the countermeasures are put forward.