| Public housing expropriation compensation system is the formation of China's development in the city in the process of expropriation compensation is to compensate for the majority of interested party for national government expropriation and cause economic losses.The State Council,the local government has formulated the corresponding regulations and detailed implementation rules according to the actual situation,to provide support for the collection of compensation.However,in practice,the collection of compensation,compensation for expropriation compensation between the interests of stakeholders of the internal contradictions disputes emerge in an endless stream,family,especially the differences identified in the compensation object.The main reason is that China's existing public housing levy compensation object identification system There is insufficient,so thatall parties understand the different judicial trial in the trial of cases,not very clearly defined can be applied to different co contracting phenomenon.This article introduces the judicial precedent,public housing levy compensation object identification problems,namely the compensation object does not have a unified standard,the judge's discretion is too large.To study and explore the theoretical basis of public housing levy compensation object identified,analyzed and its legal attribute from the public housing tenure,the principle of fair compensation as.The scope of compensation for expropriation object identified.Based on the national and Shanghai,carding and discussing the legislative status of Beijing and Guangzhou's current public housing levy compensation object identification system,on the national level and local level that lack of system of compensation for expropriation,summary Shanghai court in the relevant judicial practice of the mainstream opinion,the current Shanghai public housing expropriation compensation object identification system as a reference,put forward the reasonable legislative suggestions. |
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