Comments On The Case Of Yang Mou Suing The People’s Government Of Longhua District Of Haikou City For Administrative Expropriation

In 2011,the State Council promulgated and implemented the Regulations on the Collection and Compensation of Houses on Public Damian(hereinafter referred to as the “Regulations on Compensation for House Expropriation”),improving legal system on house expropriation and compensation in China.In recent years,China’s economy has developed rapidly,the urbanization process has been accelerating,and the scale of land expropriation has continued to expand,therefore housing disputes have occurred frequently,and the number of administrative litigation cases related in house expropriation has shown an grow trend.Therefore,some regulations are too general and principled,which brings many difficulties to practical application and is not conducive to solving some problems encountered in the process of house expropriation and compensation.The case of Yang Mou cues the People’s Government of Longhua District Haikou City due to the administrative collection is a typical case concerning the expropriation and compensation of houses.This paper researches and analysis on this main case,which combined with the relevant provisions of the Constitution,the Property Law,the Regulations on Compensation for House Expropriation,etc.,and supplemented by three small case of Wen Bai’an cues Shang County People’s Government on the house expropriation decision and Shandong Donggang Court properly resolved two cases of compensation for house expropriation in the northern part of Fenghuang Garden,Shijie Street and the case of Kong Qingfeng cues Lishui County People’s Government on the house expropriation decision,to analysis three controversial focus in this case.First of all,whether the decision basis of the house expropriation is legal;Secondly,whether the decision procedure of the house expropriation is legal;Thirdly,whether the resettlement compensation plan is legal.Then the paper analyzes some problems in the process of house expropriation and compensation,and puts forward some suggestions on standardizing the exercise of expropriation power,defining the standard of public advantages,improving the compensation system of house expropriation,and improving the procedures for house expropriation and compensation.