On The Rational Basis Of The Compensation For Temporary Buildings

Along with the scale and function of our country's cities planning and upgrading,the rural collectives also participate in the historical process of urbanization.In the past three decades,the legislative and judicial system of expropriation and compensation on urban and collective lands has been improving,but the collection and compensation of temporary buildings has always not been the focus of legislation in our country.As the city auxiliary function and temporary function of the building,along with the city modernization and the town and village urbanization,the number of temporary construction involved in the trend of rising in recent years.Therefore,this paper takes the collection compensation of temporary building as the research object.Through the concept of temporary construction and relevant provisions,this paper summarizes the temporary construction,duration and transitivity characteristics,differentiating the public and private attributes of temporary construction and the three conversion ways to clarify the reasonable scope of the temporary building expropriation compensation.Based on the theoretical basis and theory of expropriation compensation at home and abroad,the author draws the conclusion that reasonable compensation should be made for the expropriation of temporary buildings and how compensation should be made.Finally,through the optimization of the objects,procedures and standards of expropriation compensation for temporary buildings,We will improve the system for collecting compensation for temporary buildings in China.