The Research Of Collective Land On The Housing Levy And Compensation

The promulgation of "State-owned land on the housing levy and Compensation Ordinance," is a crucial step for us to solve urban problems in the relocation.It has become inevitable to levy in stead of demolition and to solve the demolition in the imposition system.However,"state-owned land on the housing levy and Compensation Ordinance" adjusts only to state-owned land,there still exists a serious problem imposition and demolition of collective land and it's urgent to need unified legislation adjustment.Firstly,the article analyzes status quo of the housing problem in the collective land,makes clear the work to do in order to research into the imposition and compensation of the collective land,and demonstrates the theoretical and practical significance of the straightening out the problem of the imposition and compensation of the collective land in the collection system.Secondly,the theoretical analysis of the imposition and property rights theories is combined with collective land issues,focusing on the rural collective land rights and property rights issues,and puts forward the necessity and practical significance of establishing the housing of the collective land as being levied.Thirdly,this paper analyzes collection problems in the collective land that the land expropriation system and the demolishing system cannot solve.Through the analysis of the trend of land administration law revision on collective land ownership,this paper discusses the difficulties and outlet of collective land ownership problems and circulation problems,and concludes that the collective land housing is set as the collection objects and covers the construction mode of the collective land housing collection and compensation legal system.Then,the paper summarizes the main design flaws of the demolishing system,interprets and analyzes imposition legal framework established in the state-owned land levy and compensation ordinance and sums up legislative achievements and progressive significance of replacing demolition with imposition.Finally,this paper explores the public interest,the compensation and procedures in the legal framework of imposition and makes suggestions for collective land housing collection and compensation system.The purpose of the present study is to establish collective land housing and land use rights as imposition and compensation object and to construct the levy and compensation law through the analysis of collective land property right problem and land circulation problems.It's hoped that he vast rural land demolition rebellions can be settled,the legal system of overall realty levy can be perfected and imposition problems in the rural and urban housing can be resolved.