Study On The Due Process Of State-owned Land On The Housing Levy And Compensation

In recent years,our country resettlement system design have made many beneficial attempts in all.For example,the "state-owned land on the housing levy and Compensation Ordinance" was formally implemented in 2011,its procedural and entity have made great progress.The "Regulations" in the process of expropriation and compensation made a lot of improvement,such as inform and listen to the opinions of the expropriated person,set up a fair assessment procedure and the remedy procedure.These procedures can protect the legitimate interests of the expropriated.Although the system of expropriation compensation has been perfected in legislation,a few procedures still have some shortcomings in "legitimacy".For example,the definition procedure of public interest is not perfect,the hearing procedure is not clear enough,and the housing appraisal procedure is not fair enough.These can easily lead to the government of the collector to start the expropriation procedure by itself,to determine the compensation standard by itself,and to determine the compensation result unilaterally.Therefore,when the government is not only responsible for the expropriation of compensation duties,it will also be difficult to comply with the basic requirements of the third principles stipulated in the regulations.In this paper,the current housing levy and compensation based on the reality,combined with the program of "legitimacy" theory,from the perspective of a review of the procedures,years of demolition system,focuses on the analysis of problems in current housing levy compensation procedure and the insufficiency,and then put forward the reasonable housing levy and compensation procedure to guarantee the realization of substantive justice.In order to alleviate the takeover of confrontation,promoting social stability.