Reflections On Improving The Neutral Safeguard Mechanism Of The Expropriation Assessment

The neutral safeguard mechanism of the expropriation assessment in China refers to relevant provisions and operation mode for the expropriation assessment agencies to issue the objective,independent and impartial price assessment report of the expropriated house in the housing expropriation assessment activities on the state-owned land.The neutral third-party appraisal agencies was introduced into “Housing Expropriation and Compensation Regulations on State-owned Land” and “Measures for Assessing the Expropriation of Houses on State-owned Land”,which was the highlight of the regulations on housing expropriation on state-owned land.It can restrain the housing expropriation departments from pricing the expropriated houses at will.However,the progress in legislative concepts has not been fully reflected in the specific provisions and practical operation of neutral safeguard mechanism of the expropriation assessment,and the problems affecting the neutrality of the expropriation assessment have become increasingly prominent.Through the analysis of regional practice and typical cases,the practical status of the neutral safeguard mechanism of expropriation assessment is revealed.On the one hand,it reflects the application pattern of the neutral safeguard mechanism of expropriation assessment from the aspects of appraisal agency alternative storehouse,appraisal agency selection procedure,relief approach of appraisal report and administrative supervision assessment documents.On the other hand,by analyzing the typical cases of the expropriation assessment issued by the Supreme People's Court,it reflects the current situation of the neutral safeguard mechanism of expropriation assessment in judicial trial.Through the analysis of the above-mentioned situation,the prominent problems of the neutral safeguard mechanism of expropriation assessment are found as follows: first,the way the expropriated person selects the appraisal agencies of expropriation through mutual consultation fails and the appraisal agencies of expropriation naturally prefer housing expropriation departments;second,there are defects in professional relief way for expropriation assessment reports,and the review of the appraisal agencies lacks internal and external supervision.The professionalism and independence of the members of the appraisal committee need to be improved,and judicial remedies have limitations in guaranteeing the neutrality of the expropriation assessment.Thirdly,the administrative intervention of the neutrality of the expropriation assessment,and the alternative storehouse of the appraisal agencies is monopolistic,so the administrative subject supervised by the appraisal agencies is strong.In order to solve the above problems,the following ideas are put forward to strengthen the neutral safeguard mechanism of expropriation assessment: first,introduce the access mode of appraisal agencies into the market competition mechanism,abolish the alternative storehouse of appraisal agencies,break the geographical constrains;secondly,balance the rights and obligations of the expropriated person and the housing expropriation departments in the assessment of commission contracts,increase the delegated right of the expropriated person and change the payment methods of assessment.Thirdly,improve the professional remedies for the assessment results,expand the scope of the appraisal agencies for the expropriated person to choose to review the results,and strengthen the professionalism of the members of expert appraisal committee.Finally,standardize the supervision of expropriation assessment,decouple the supervision subject of the appraisal agencies from the housing expropriation department,and strengthen the risk control of the appraisal agencies.