Research On The Improvement Of Buildings Expropriation System In China

The implementation of《Regulation on the Expropriation and Compensation of Buildings on State-owned Land》marks the transition from "buildings demolition" to "buildings expropriation",and municipal and county-level people’s governments become the main body of buildings expropriation.The most significance of《Regulation on the Expropriation and Compensation of Buildings on State-owned Land》is:under the framework of the system,the expropriated person can seek relief through administrative litigation for any link of the whole process in the administrative expropriation.The changes of the administrative legislation concept and model design embodied in《Regulation on the Expropriation and Compensation of Buildings on State-owned Land》have undergone a breakthrough reform of the buildings expropriation system in my country.However,《Regulation on the Expropriation and Compensation of Buildings on State-owned Land》still leave some problems to be solved in practice:how to determine the public interest,whether the right to use state-owned land can be the object of expropriation,and whether the public housing tenant can be the expropriated person.This article uses empirical analysis supplemented by comparative analysis.It first points out the problems of the current buildings expropriation system,and then discusses the causes of these problems.Finally,based on the feedback of judicial cases,combined with extraterritorial experience and basic theory,to provide ideas and reference for perfecting my country’s current buildings expropriation system.It is hoped that the relevant ideas and reference will benefit the improvement of the current buildings expropriation system in China and promote the comprehensive legalization of buildings expropriation.