Evaluation And Improvement Of The Compensation System For Housing Expropriation On State-owned Land In China

In this paper,the state-owned land on the housing levy compensation system for a more in-depth study of the topic.Through the analysis of the main theory,content,history,characteristics,effects of evaluation and demonstration,objectively put forward the state-owned land on the housing levy and compensation work is basically a law to follow,and to put forward There are still some theoretical and practical problems that need to be further improved.The first chapter expatiates on the basic theory of the compensation of house levy on state-owned land,mainly discusses the conception and condition of the expropriation and the condition and scope of the compensation.It is pointed out that the Regulations on the Collection and Compensation of Housing on State-owned Land focuses on the compensation system,which not only seizes the main contradiction of the real estate levying disputes in China,but also follows the development law of the levying system of developed countries,but thinks the value of the house The compensation shall include the value of the attached land use right.The second chapter makes an empirical analysis of the existing legal system of state-owned land expropriation compensation,including the formation of the history,has formed the basic system and the main features.This paper analyzes the historical process of the formation of the legal system of compensation for housing expropriation,and sums up the existing compensation system of compensation for state-owned land,including compensation form selection system,monetary compensation fund system,housing property exchange system,stop-loss compensation system,housing assessment System,the independent removal system,the collection of building supervision and management system,the compensation agreement system,the fair and just open system,administrative reconsideration and administrative litigation system,the court enforcement system and local governments to develop detailed rules and regulations,a total of 12 major systems,reveals its The main features of the first compensation is to change the developer is the main body for the government is the main body,the second is to bid farewell to the public interest levy and commercial development and levy mixed model,the third variable compensation standards from the specific operational to the fourth is to emphasize the rights protection,Power supervision and due process,five is the change "administrative demolitions" to "court enforcement."The third chapter discusses the main problems of the existing system of state-owned land expropriation and compensation,that the existence of public interest in the theoretical definition of ambiguity and the low level of legislation,regulatory conflicts obvious problems,in practice,there are laws and regulations The implementation of the aliasing,the lack of public participation in the protection process,the compensation system is not yet perfect.The fourth chapter puts forward some suggestions for perfecting the compensation system of house levying on state-owned land.In the aspect of theory exploration,it is necessary to clarify the range of public interest,to formulate more scientific and reasonable standards and scope of compensation;system construction to strengthen the public participation in the procedures and systems to improve public power and private power game mechanism;The government should make a good use of the main task of collecting compensation,affirmation and promotion of the Government and the collection of the overall objective of the incentive linked.