Research On Housing Expropriation And Fair Compensation On State-owned Land

With the development of urban economic construction,a large number of urban houses are expropriated by the state because of public interests.At the same time of expropriation,the state will give the people involved in the expropriation a certain amount of compensation.In 2011,the State Council promulgated Regulations on Housing Expropriation and Compensation on State-owned Land which was made on urban housing expropriation and new compensation and was a certain breakthrough in legislation.Because the social situation is changeable and the social contradiction is complicated,it is difficult to solve the specific problem of fair compensation in the practice of expropriation according to the principle provisions of the regulations on expropriation compensation.Therefore,this paper analyzes the problems existed in the fair compensation of housing expropriation on state-owned land in China combined with the specific cases of unfair compensation,and puts forward the safeguard measures and ways to ensure fair compensation.This paper is composed of the following four parts:Part ? is the basic theory of the fair compensation principle.It analyzes the connotation and nature of fair compensation.Then,it introduces the theoretical basis and historical development of the fair compensation principle.It is summing up the specific embodiment of the fair compensation principle from four aspects such as compensation range,compensation standard,compensation method and compensation object,which lays a foundation for the future research.Part ? analyzes the lack of fair compensation in the process of practice,and gives example illustration combined with specific cases.Part ? researches the specific presentation of fair compensation principle of some countries including the United States,Germany and Japan thus to give reference and enlightenment for the fair compensation principle of our country.Part ?,aiming at the problems existed in the fair compensation in our country,points out that the guarantee measures and ways of fair compensation for housing expropriation on state-owned land in China should be realized through four aspects including compensation range,compensation standard,compensation method and compensation object.