Research On The Problem Of Urban Housing Expropriation

At present,in the process of urbanization in China,because incremental land is extremely limited,planning and building cities must optimize the allocation of built resources and re-plan and distribute the existing land.Then,the expropriation and requisition of urban housing is an inevitable part,and it is of practical significance to study the expropriation system of urban housing.There are commercial and public housing expropriation in our country.This paper mainly studies the urban housing expropriation in public housing expropriation.Compared with wasteland and open space,it is obviously much more complicated to re-plan the built-up area.It involves a wider range of stakeholders and higher collection costs.In addition,with the improvement of public awareness of rights in recent years,the diversity of demands has become increasingly apparent,which objectively increases the difficulty in the implementation of house expropriation.In the whole procedure of house expropriation practice,every stage from making expropriation decision,making compensation standard,drafting compensation agreement,making compensation decision,and then applying for and carrying out compulsory execution,may encounter various problems,few of which are completely smooth,and even serious social events such as collective petition and violent anti-demolition also occur from time to time.In order to explore the reasons and the way to improve it,this paper starts from the legal level and the practical level.In laws,regulations and policies on major reference Regulations on Expropriation and Compensation of Houses on State-owned Land;Provisions of the Supreme Court on Some Issues Concerning Handling Cases Applying to the Court for Compulsion of the Decision on the Expropriation and Compensation of Housings on State-owned Land;Administrative Procedure Law of the People’s Republic of China;Administrative Compulsory Law of the People’s Republic of China;Notice of the Supreme Court on Implementing the Provisions of the Supreme Court on Several Issues Concerning the Application of the Court for Compulsory Execution of the Decision of the Court on the Compensation for the Acquisition of Housings on State-owned Land Etc.Using the method of literature and comparative study to sort out the current legal background and basis of housing expropriation in China.At the realistic level,we mainly analyze the recent housing expropriation cases to refine the problems,and explore the shortcomings of the expropriation work in China and its improvement path.And this paper is divided into four chapters.The first part aims to explain the definition and concept of urban housing expropriation and discuss the research methods adopted in this paper.In addition,relevant viewpoints of scholars from different countries in different periods are cited to analyze the necessity and feasibility of this topic.The second part analyzes the theoretical basis of the administrative acts of housing expropriation and its compulsory execution,sorts out the provisions of relevant laws,regulations and rules in terms of procedures,and summarizes the standardized process and starting conditions of housing expropriation and its compulsory execution.The third part is the sampling and research of the case.According to certain conditions,20 cases were randomly sampled from China’s judicial documents online.The cases were divided into six categories based on the focus of disputes,and the analysis was carried out respectively in combination with laws and regulations and court judgment tendency,so as to summarize the main problems commonly existing in the practice of collection.The fourth part based on the problems summarized in the previous article,puts forward targeted improvement methods and suggestions.This chapter tries to find a way to balance the interests of both parties and solve the problem of expropriation.In order to coordinate the urbanization construction with the protection of citizens’ private property rights and promote the stable and harmonious development of socialist society.