Cheng Sued Changchun B District Government Housing Expropriation Compensation Case Study

The State Council reviewed and approved the“Regulations on the Collection and Compensation of Houses on State-owned Land”(hereinafter referred to as the “Regulations”)in2011.The promulgation of the “Regulations” is a major improvement on the previous regulations on the management of urban house demolition,but it is still in the process of implementation.There are a lot of discomforts.This article takes the case of Cheng Mou v.Changchun City District B government house expropriation as the research object,focusing on the significant problems in the process of house expropriation and judicial trials,and analyzes the existence of the case from the perspective of procedures and entities.The actual dilemma in the evaluation mechanism,compensation system,social stability risk assessment,and judicial review;specifically: the evaluation agency's unfair choice,the time of evaluation cannot fully guarantee the expropriated rights;insufficient compensation for land use rights,and incomplete compensation for illegal construction across the board Reasonable;inadequate social stability risk assessment;lack of preliminary procedures and reasonableness review in judicial review.The reason is that the laws and regulations are not complete.At present,the direct basis for housing expropriation is only the "Regulations",coupled with some local regulations.In addition,due to insufficient protection of the rights of the expropriated people,the rights of the expropriated people to know and participate are not complete.Effective exercise is also due to inadequate supervision due to the shortcomings of the judicial supervision system as the last line of defense.In order to make China's housing expropriation and compensation system more complete and effectively solve the above problems,this article mainly proposes countermeasures from five aspects,specifically to adhere to the principle of compensation and flexibly formulate policies to benefit the people to effectively protect the interests of the expropriated people;establish a scientific and reasonable Evaluation mechanism;full compensation for land use rights and reasonable separation of illegal constructions to avoid lack of compensation;stable evaluation and stable management combined to establish a soundstability evaluation mechanism;judicial justice and comprehensive review scope to jointly establish the last line of defense in accordance with law.In summary,this article analyzes the problems through judicial case studies,finds out the reasons,and proposes solutions to contribute to the improvement of the compensation system for state-owned houses and the protection of the rights and interests of the requisitioned persons.