Research On The Compensation Of House Demolition On State-owned Land In China

With the rapid development of economy,the scale of house demolition on state-owned land keeps expanding,and the social problems caused by demolition also increase.Although the promulgation of the regulations on expropriation and compensation of houses on state-owned land has to some extent filled the legislative gap in the compensation of houses for demolition and removal on state-owned land,the compensation of houses for demolition and removal has not been effectively solved.The litigation cases caused by the dispute of compensation for demolition and relocation increase year by year.In order to fundamentally solve the dispute of compensation for demolition,it is necessary to perfect the relevant system of compensation for demolition.This paper discusses from the perspectives of compensation standard,public participation and judicial relief,finds problems and puts forward Suggestions in order to improve the compensation system for demolition and reduce social disputes.The first part of this paper summarizes the current compensation system of house demolition on state-owned land in China.This paper discusses the concept and nature of the house demolition on the state-owned land,and expounds the administrative act that the demolition is led by the government,the state takes back the state-owned land use right and obtains the real right of the houses on the land.To define the behavior of compensation for demolition has both the nature of administrative act and the nature of civil act.This paper analyzes the main legal basis of the house demolition compensation system.The second part of this paper puts forward the problems existing in the current housing demolition compensation system in China.From the three angles of compensation standard,public participation and judicial relief.There are some problems in the compensation standard,such as unreasonable compensation standard,narrow scope of compensation and narrow scope of the compensated person.In terms of public participation,there are some problems such as the lack of supervision institution,the lack of feedback procedure and the formalization of public participation process.In terms of judicial relief,there are some problems such as unreasonable time limit system,unreasonable scope of judicial review,unreasonable scope of litigation and unreasonable compensation system.The third part of this paper puts forward Suggestions for the problems existing in the compensation system of house demolition.For the problem of compensation standard,it is suggested to make standard compensation standard.Expand the scope of compensation and increase the compensation of land use right and subjective value on the basis of the original scope of compensation;Confirm proper compensation subject,the lessee of the expropriated house will be determined as the compensation subject of the demolition compensation.For the problem of public participation,it is suggested to set up the supervision organ of public participation to ensure the fairness of the public participation process.Develop public participation feedback procedures to make the provisions of public participation operable;Improve the process of public participation to ensure fair procedures.For the problems of judicial relief,it is suggested to perfect the administrative litigation time limit system.Improve the judicial review system of administrative litigation,and increase the reasonableness of cases when hearing the litigation disputes of compensation for demolition and relocation;Expand the scope of litigation for demolition disputes,increase the types of litigation for demolition disputes,and determine the qualification of the litigation subject of the expropriated property owner and lessee;We will improve the state compensation system,raise the standard of compensation,and increase the ways of compensation.