On The Relief System Of Quasi Expropriation Of Real Estate

The expropriation of real estate has been known by the world,that is,the state obtains the ownership of real estate and gives corresponding compensation for the public interest with the help of public power.However,the people don’t know much about the quasi expropriation of real estate.Quasi expropriation,as the name suggests,is similar to expropriation.Different from expropriation,quasi expropriation does not deprive ownership,but limits the use of property.With the continuous development of economy and society and the characteristics of non renewable resources,the government in order to achieve the requirements of social economy and urban development,in order to achieve the public goals of urban planning,the protection of natural environment and resources,the protection of cultural relics and historic sites,it is inevitable to restrict or levy the real estate property rights of citizens.In China’s current legal system,there are also many provisions suspected of constituting quasi expropriation of real estate,which are mainly reflected in the restrictive provisions of historic sites protection,land use control,and the restrictive provisions of building control areas on both sides of the road.In addition,in recent years,there are many cases involving quasi expropriation in practice,such as Yueyang ancient building case in Hunan,Lishe International airport noise pollution compensation case in Ningbo,three North Shelterbelt incident,etc.the parties involved in the incident are difficult to obtain relief due to the lack of relevant regulations and policies,and can not supplement the losses caused by excessive property restrictions.Then,for the quasi expropriation of real estate,can the property owner get relief? How to determine the way of relief? And the standard of compensation,how to ensure the openness and justice of the relief and compensation process? These problems are worthy of our in-depth discussion and study.Starting from this problem,this paper is divided into five partsThe first part: starting with the analysis of the basic theory of quasi expropriation of immovable property,through the investigation of the extraterritorial system and combing the research status of quasi expropriation of immovable property in our country,the definition of quasi expropriation of immovable property is clear,and it is believed that the research of Chinese academic circles mainly focuses on the analysis of what is the appearance of quasi expropriation,lacking in-depth research on specific issues,so it is necessary to explore this blank field Try and try.The second part: through the discussion and controversy caused by the typical quasi expropriation cases and the legal provisions of excessive restrictions on real estate in practice,it points out the generation logic and reality of the current relief and compensation system of quasi expropriation of real estate in China.Through the analysis of the theoretical basis and practical significance of the construction of relief compensation for quasi expropriation of real estate,it paves the way for the following discussion.The third part focuses on the relief and compensation system of quasi expropriation of real estate outside the region,analyzes the experience of relief and compensation of quasi expropriation of real estate outside the region from four relief methods,compensation principles and compensation methods,and the introduction of third-party institutions,and tries to provide experience and ideas for the construction of China’s system.The fourth part: systematically expounds the classification of the relief system of quasi real estate expropriation in China,determines the principles that must be followed in the relief of quasi real estate expropriation,and puts forward some institutionalized suggestions on the selection of relief methods,the determination of relief departments,and the relief principles in quasi real estate expropriation,which are based on the foreign experience and the current expropriation system in China According to the needs of practice,this paper puts forward some concrete suggestions.The fifth part systematically expounds the classification of the compensation system of quasi expropriation of real estate in China,from the principle of compensation,compensation methods,compensation standards and compensation scope,and supplemented by the identification of compensation institutions,to ensure the determination of compensation amount can better protect the interests of real estate owners,so as to contribute to the establishment of the compensation system of quasi expropriation of real estate in China A little help.