The Protection Of Housing Right In The Course Of Housing Collection And Compensation On State-owned Land

From ancient times to the present,food,clothing,housing and transportation have always been the survival and development goals pursued by people.Among them,housing,as one of the important property on which people live,settle down and seek their own development and progress,is of indispensable significance.In the process of expropriation of houses on state-owned land,the housing of the expropriated person has become the object of expropriation,and the expropriated person has lost the ownership of the house on the original land,and has the housing right which is dependent on the housing of the expropriated person.There are property attributes in the process of expropriation and compensation of houses on state-owned land.With the continuous progress of urbanization in all parts of China and the continuous refresh of the appearance of the city,the original city Some state-owned land has been unable to meet the rapidly growing demand for land,and the land in the urban center has long been "overcrowded" due to the advantages of traffic location,infrastructure and commercial value.There are many phenomena of house expropriation and demolition on state-owned land,and this phenomenon will continue for a certain period of time.Whether it is the transformation of the old city or the development of the new city,the continuous emergence of urban housing expropriation has become an unavoidable thorny problem in the process of urbanization in our country.The protection of the housing right of the expropriated person in the process of housing expropriation is not only related to the actual interests of the expropriator and the expropriated person,but also directly related to the image of the government and the interests of the country.Benefit and social stability.Housing is an important property of the expropriated person,and its property rights and interests are an important part of individual rights,once the house is expropriated,the protection of the expropriated person's housing rights will be highlighted.It has become an important problem to be solved urgently.A series of problems in the process of expropriation of houses on state-owned land are mainly due to the fact that the compensation standard is low or the compensation is not in place.It is a prominent problem in the process of compensation.However,because the relevant housing security system in the process of expropriation and compensation on state-owned land in our country is not perfect,the legal support system is not complete,the applicable object and scope are too narrow,too harsh,and the way of expropriation andcompensation is too monotonous.In addition,in the case of expropriation of citizens' houses in the process of urban reconstruction,the property rights of the two sides of the expropriation shall be replaced by the "reconstruction lot"."or" near the location "of the choice of the phenomenon of inversion,resulting in the expropriated housing rights have not been effectively protected.The request of the expropriated person to return the house in situ reflects the urgency and reality of the protection of his housing rights.The author hopes to solve some outstanding contradictions of housing expropriation compensation on state-owned land in China from the perspective of Zhang Xiaorong v.Chongqing Jiangbei District people's Government's decision to rescind the expropriation compensation decision(2018).It also provides a practical reference for the smooth development and orderly promotion of urbanization in our country,and promotes the guarantee system of expropriated housing rights in our country is becoming more and more complete.The author intends to explore from the following four aspects,the specific context structure is as follows:The first part of the article takes the case of Zhang Xiaorong v.Jiangbei District people's Government as an example,which leads to the protection of the housing right of the expropriated person,and gives a brief description and summary of the main contents of the case and the judgment results of the court of first and second instance.This paper sums up whether the main controversial focus of this case is whether the written decision on expropriation and compensation made by the defendant deprives the defendant of the right to change the property rights of the houses in the "rebuilt lot" and whether it damages the legitimate housing rights that the plaintiff should enjoy as the consignee.The author believes that the written decision on expropriation and compensation made by the defendant damages the housing right of the expropriated person,which is embodied in the inversion of the option of "rebuilt lot" or "nearest lot".The legal basis for the protection of housing rights is not perfect and the way of expropriation and compensation is single and rigid.The second part is mainly to sort out the basic theory of the protection of expropriated housing rights,on the basis of comprehensive analysis of the theoretical research results of scholars,put forward their own views on the concept of housing and housing rights.The relationship and difference between housing right and residence right are analyzed,and then the right attribute of housing right highlighted by the case is analyzed in combination with the property attribute of housing right.The third part is based on the case facts,combined with the collection and housing security system of these developed countries in the United States and Singapore for reference to the protection of housing rights in China.This paper analyzes on the problems existing in the protection of the housing rights of the expropriated persons in the process of expropriation of the houses on the state-owned land in our country,which are mainly manifested in the imperfection of the legal support system,the multiple laws and the simple and rigid ways of compensation.The option of "reconstruction lot" or "nearest lot" is reversed.The fourth part puts forward the main measures to protect the housing rights of the expropriated person,one is to establish a unified legal norms and system of housing expropriation,the other is to change the role of the government.The third is to formulate diversified and reasonable compensation methods to expand the choice space of the expropriated person;fourth,to ensure the right of property right replacement of the expropriated person.