As an important carrier of the property of Chinese citizens and the basic premise of their production and life,houses are of self-evident importance to citizens;house expropriation on state-owned land isa compulsory deprivation of citizens’ housing rights and is a conflict-prone areaof,so litigations arising from it often constitute an important part of administrative proceed ings.Through case retrieval and screening,30 cases of house expropriation and compensation on state-owned lands heard by the Supreme People’s Court were selected as sample cases analysis.It was found that the dispute in the sample cases mainly focus on the following issues: whether the house expropriation project is in line with the public interests,how to determine the losses of the expropriated(the specific dispute is in terms of compensation items and the corresponding standards),and whether the housing forced demolition is legal(the prominent feature is whether the subject of forced demolition is the expropriator).On the basis of the analysis of the sample cases,it is not difficult to discover these problems in the practice of housing requisition on state-owned land,i.e.,lack of due attention and clarity in demonstration of the needs of public interests,inadequacy in determination of the losses of the expropriated makes it difficult for comprehensive protection of their rights and interests,flaws in the procedures for house expropriation and especially the phenomenon of illegal forced demolition has not disappeared.,etc.In combination with the selected sample cases,based on the prevailing laws,regulations and judicial practice,to analyze the foregoing issues in the perspective of the need of public interest as a condition for property expropriation,the need of full protection of the interests of the expropriated(emphasis shall be placed on full protection of compensation or indemnity an d fair standards)and the fact that a person subject to illegal demolition shall generally be presumed to be a expropriator,and attempt to propose solutions to such issues.Inother words,comprehensively and accurately applying the existing legal provisi ons and making efforts from such aspects as unifying the judgment standards of housing expropriation cases on state-owned land,effectively guaranteeing the rights and interests of the expropriated and promoting the legal housing expropriation so as to st rive to improve the housing expropriation system on state-owned land. |