Analysis On The Application And Improvement Of The Regulations On The Expropriation And Compensation Of House On State-Owned Land

House expropriation is the inevitable result of modernization,China's house expropriation system has developed through the process from planned economic system era to market economy era.Along with China's political and economic system changes,the house expropriation systemmatures gradually.The interest conflict and legal regulation in house expropriation,involving the balance and coordination between public power and private right,concern both national economic development and people's livelihood.On one hand,from "Demolition permits" in "Regulations on the Administration of Urban Housing Demolition" to "Public benefit expropriation " in "Regulations on the Expropriation and Compensation of House on State-owned Land",we can find the house expropriation system gradually standardizes the public power.One the other hand,from a series of public participation terms in "Regulations on the Expropriation and Compensation of House on State-owned Land",we can also find the house expropriation system gradually strengthen the protection of people's legitimate rights.However,in the implementation of the existing regulations,there are still various conflicts between government and citizens caused by difficulties in house expropriation.In terms of legislature,the law always lags behind.The practice of house expropriation is much more complicated than the law stipulated,and the theoretical research into house expropriation are not yet synchronized with the house expropriation in practice.For instance,"Regulations on the Collection and Compensation of Housing on State-owned Land",stipulates that the house expropriation should be based on public interest,however in practice,it shows signs of another.Government expropriating citizen's house for "commercial interests" in the name of "public interest",violates people's legitimate rights and interests.Take another example,the current law hasn't explicitly addressed the issue of "land use right compensation",resulting in failing to guarantee fair compensation..In addition,there are a large number of illegal acts in administrative law enforcement,such as the process of house expropriation decision and compensation decision are not in conformity with the provision prescribed by the current law.Furthermore,the houseexpropriation activities involves a wide range of areas,such as housing assessment system,hearing system,and so on,which have to be improved.Inspiring by the latest achievements of theoretical research,the author analyzes the problems existing in the practice of house expropriation and discusses the current law from the aspects of substantive law and procedural law,puts forward some measures to relieve the tension between The Government and The People.The author expects a more fair and more reasonable house expropriation system to guarantee house expropriation activities progressed successfully.This paper includes three parts.The first part introduces the legislative background and the positive significance of the regulations on the collection and compensation of houses on state-owned land.The legislative background introduces the contents of the "Regulations on the Administration of Urban Housing Demolition" and the expropriation chaos.The positive significance is depicted from three aspects,including the establishment of due process,the improvement of compensation clause,the restriction of administrative compulsory demolition.The second part analyzes the various problems in the application of "Regulations on the Expropriation and Compensation of House on State-owned Land" form aspects of legislation,law enforcement and judicature.The analysis is mainly conductedin below respects,the definition and recognition of public interest,hearing system,compensation system,administrative law enforcement and judicial relief.In the third part,the author makes some suggestion to the above problems described.