Legality Demonstration And System Optimization Of "Simulated Relocation" Mode

Simulated relocation is a new housing relocation model developed by Chengdu in the practice of old city reconstruction and relocation,which has achieved good results in practice.According to statistics,at present,more than 10 provinces and cities in China have confirmed the housing expropriation method of simulated relocation by formulating local regulations or administrative normative documents.However,some regions have questioned the legality of the simulated relocation,which believes that the method of simulated relocation using conditional agreements has changed the traditional collection procedures stipulated in the Regulations on the Collection and Compensation of Houses on State owned Land,which is not in line with the legal provisions.This query directly affects the implementation of simulated relocation in all regions of the country,which needs to be clarified theoretically.This article attempts to demonstrate the legitimacy of simulated relocation in an all-round way,and further analyzes the rationality of simulated relocation.The article is divided into the following five parts:The first part: The system connotation of simulated relocation.Simulated relocation is a new relocation mode born to solve the problem of "difficult relocation" in the old city reconstruction.This mode creates a simulated relocation program by using conditional effective agreement,which effectively improves the relocation efficiency in the whole process.In recent years,the model of simulated relocation levy has begun to be popularized throughout the country,and the relevant norms formulated by various places lack a unified path and model,showing a state of "free development".By studying the implementation process and operation steps of the simulated relocation,we can understand the simulated relocation in more detail.After years of development,the evaluation of the simulated relocation has changed from unanimous praise to different opinions,and the development of its system is moving from a growing period to a mature period.The second part: Empirical study of simulated relocation.The empirical study analyzed the implementation of simulated relocation and found that the understanding of simulated relocation in various regions across the country was not uniform,among which,the provinces that adopted conditional agreement simulation relocation models also adopted different legislative models,and the relocation norms promulgated had different local characteristics,which indicated that the recognition of the simulation relocation levy model had not been unified due to its own controversial issues.Comparing the simulated relocation with the traditional expropriation mode stipulated in the Regulations on Land Requisition and Compensation,it is found that the simulated expropriation process of simulated relocation is indeed different from the upper law,the Regulations on the Collection and Compensation of Houses on State owned Land,but whether it is illegal remains to be further discussed.Part Ⅲ: Demonstration of the legitimacy of simulated relocation.There is a difference between legitimacy and rationality.The legitimacy demonstration includes formal legitimacy and substantive legitimacy.The review of normative documents should first conduct legitimacy demonstration,confirm legitimacy,and then analyze its rationality.The relationship between the two is progressive.Legitimacy demonstration should be carried out from three aspects: formulation authority,normative content and formulation procedure;According to the demonstration of the legality of the norms for simulated relocation,as far as the formulation authority is concerned,the local government and the People’s Congress have formulated relevant norms for simulated relocation in accordance with the Regulations on the Collection and Compensation of Houses on State owned Land,which meets the requirements of the formulation authority;As far as the content of the specification is concerned,the simulated relocation has designed the "simulation" program by means of conditional agreement,which is embedded in the program framework specified by the upper law.Whether the conditions of the simulation program are reached determines whether the upper law program starts.In essence,it does not violate the legal procedures,and complies with the legal provisions;As far as the simulated relocation levy itself is concerned,it conforms to the requirements of the public interest and does not infringe the legitimate rights and interests of the expropriated person,so it should be recognized as legitimate.Part Ⅳ: Rationality analysis of simulated relocation.The simulated relocation specification is legal,but there is still a high failure rate in practice.In order to avoid the trap of "legal and unreasonable",the rationality of simulated relocation still needs to be analyzed.Rationality demonstration is carried out from three aspects: the purpose of norm formulation,legislative considerations,and the matching degree between the content and purpose of normative documents.Through rational demonstration,it is believed that the standard purpose of simulated relocation does not meet the original purpose,the legislative consideration is limited,the content and purpose match is high,and the simulated relocation is reasonable but still lacking.Part Ⅴ: Model optimization of simulated relocation.After sorting out,the problems of simulated relocation mainly focus on two aspects: judicial practice and relocation practice.The problems in judicial practice are caused by the changes in the external legal environment,while the problems in relocation practice are caused by unreasonable consideration in model design.Therefore,to solve the problems in judicial practice,the following suggestions are made: unify the standards of adjudication,formulate judicial suggestions,and strengthen theoretical research;To solve the practical problem of relocation,it is recommended to design the signing proportion according to a reasonable proportion,cancel the signing proportion which does not meet the provisions of termination of collection,and establish remedial measures combining simulated relocation and forced relocation.