Early Recovery Of State-owned Land Use Right Administrative Compensation System In China

With China's urban construction,the acceleration of industrial processes,the demand for land is growing,the state for the economic development of land resources began to re-allocation to alleviate the shortage of land resources.Resulting in the state to recover the state-owned land use rights more and more,resulting in housing levy,demolition and contradictions are more and more,one of the main reasons for the dispute is the compensation of state-owned land use rights,although in the The relevant laws and regulations mentioned in the recovery of state-owned land use rights should be compensated,but the standard is not uniform,not specific,such as "appropriate compensation" "appropriate compensation" and "fair compensation" and other words,there is no principle,Easy to cause disputes."Public interest" concept is not clear,easily lead to the government to expand the discretion,there will be unreasonable recycling of land use rights occurred.When the house is levied,the use of state-owned land is recovered,the private property rights and interests is difficult to get a reasonable and fair protection.This article mainly discusses how to strengthen the protection of the legitimate rights and interests of the right holder and improve the recovery and compensation system on the basis of the current situation of the state-owned land use right recovery and administrative compensation system.The full text is divided into three parts,including introduction,text and conclusions.This paper mainly introduces the purpose of the study,the current situation of the research object,the research methods and so on.In this part,the author discusses the social background and necessity of the state-owned land use right in China.On the other hand,The main problem of compensation.In the text of the article,it is divided into four chapters to discuss the status quo of the recovery and compensation of the right to use state-owned land in China.In the process of discussing the combination of the theory and legislative experience outside the field,the author puts forward the proposal of perfecting our country's recovery and compensation system ?This article mainly uses the comparative research method,first starts from the basic idea of the administrative compensation system of the state-owned land use right,introduces the related concepts including the state-owned land use right,such as the transfer of the state-owned land,the recovery,the administrative compensation concept,After the basic theory,in the discussion of the constituent elements of the administrative compensation system for state-owned land use rights,the complete land use right compensation system should include four aspects,which provides a basis for the later discussion of the system;secondly from the socio-economic development The government of the rule of law,the protection of individual rights and interests,and so on the value of the administrative compensation system of state-owned land use right.Thirdly,after analyzing the value of the system,the paper further discusses the current situation of the administrative compensation system of the state-owned land use right in our country,and explains the main problems of the current system through the discussion of the two levels of legislation and reality controversy.At the legislative level,The provisions of the existing laws and regulations to explain the existing state-owned land use rights recovery and compensation requirements,in the real level,mainly on the existing legal norms in the existing problems and disputes,the lack of compensation principles,the entity can not Protect the private rights and interests,but also in the program is not perfect,the definition of public interest is vague,there is the risk of abuse of public power.Finally,the author puts forward some suggestions on the current situation of the system,and points out that the perfect system should be based on the basic principles.With the basic principle as the guide,the legislation has the consistency,clarifies the concept of public interest,limits the abuse of power,suggest puts forward the perfect system.