On The Determination Of The Object Of House Expropriation On State-owned Land

“Housing Expropriation and Compensation Regulations on State-owned Land”only stipulates that “house” is the object of expropriation,but there is no specific provision on the connotation and extension of "house".“The Property Law”,as the superior law,enlists the object status of usufruct,house and other real estate expropriation.The difference between them leads to the conflict in the legislation of the object of expropriation and the difference in the category of the object of expropriation in judicial practice.From the existing legislation conditions,the author thinks that housing and other real estate should be expropriated object is beyond doubt.As usufruct,the state-owned land use right is only expropriated with the house value under the existing legislation,which is easy to cause the neglect of value compensation.From the right attribute,area,legal attribute,than column attributes such as perspective,a mark house specifically considered legitimate,its category includes the main structure and subsidiary structure,building material,attached to the house for some house acquisition,shall be carried out in combination with the practical situation of impaired house value after segmentation.For the unregistered buildings,the principles of history,comparison and illegal exclusion should be gradually applied,and the unregistered buildings should be separated into the legal buildings included in the expropriation compensation and the illegal buildings whose expropriation status is to be determined.After the recognition of the illegal building should also consider the legislative purpose of fair compensation,combined with its property property in private law and the degree of damage to the public welfare,the expropriation system reconstruction.other real estate outside the house should be divided by the division standard of real estate.When the object itself cannot be moved or the movement damages its value,it should be positioned as the expropriation object and the value compensation should be given.For trees that are difficult to be defined in expropriation practice,their value is directly reflected in survival rate,while their immobility is reflected in integrity.The definition of machine equipment class,its immobility and value is reflected in whether it can be restored to use.The recoverable machinery and equipment shall not be included in the object of expropriation,and the losses of theexpropriated shall be compensated through relocation,disassembly,installation and debugging expenses.As an independent property right,the state-owned land use right should also have the independent object status of expropriation,so as to determine the nature of expropriation of land use right and the recovery procedure of land use right,and determine the standard of expropriation compensation.As for the property right that actually suffers loss due to expropriation,especially the real estate creditor's right,because it is not fully applicable to our country's expropriation legislation,only when the complete legal norms of expropriation are formulated,based on the needs of social reality development to make a theoretical update can we seek a more equitable solution to the real problems.