| The appraisal results issued by real estate price appraisal agencies serve as an im portant reference for determining the final compensation price of the requisitioned ho uses,and their comprehensiveness and objectivity are related to the smooth and fairne ss of the subsequent compensation work.The Measures for the Expropriation and Evaluation of Housing on State-owned Land stipulates the specific factors that should be considered in the assessment,the legislative intent of which is to try to reach a fair and reasonable compensation result and to realize the legislative purpose with objecti ve and fair evaluation results.Housing eviction is a matter of national importance and people’s livelihood,and laws,regulations and normative documents issued at different times have provided for related matters and also adjusted in time with the actual situat ion.Land elements have come to the fore,focusing on the legislative changes based on multi-element value assessment and the consideration of elements yet to be refined in the judgment status.The sub-discussions are typified by each influencing factor,anal yzing the mechanism of each factor in practice,refining the logic of reasoning and the path of interpretation in court decisions,and outlining the experience and rules of the judiciary in judging and considering influencing factors and making them as essential as possible.The study of location and use factors,the agglomeration effect attached to the de velopment of location to a certain stage is the centralized embodiment of the mechani sm of location factors,the judicial practice requires a reasonable embodiment of the c onsideration of location factors;the analysis of the mechanism of the role of use facto rs in the evaluation of housing value from the close relationship between location and use and the costs and benefits behind different uses,and the generalization of the use of proof of ownership shall prevail The two main points of judicial consideration are t he special provisions and treatment of evidence when the use of a house is disputed.The land-use right factor is studied,and the mechanism of the influence of the fa ctor is discussed in terms of distinguishing the different sources and nature of the right between allocation and transfer and the double compensation responsibility of the ex propriation subject.In practice,most courts apply the jurisprudence of the integration of land and premises to resolve disputes over the consideration of the land-use right fa ctor,and summarize two criteria for considering the land use right factor: one is to stri ctly distinguish the scope of compensation and the factors to be considered;the other i s not to compensate for the land-use right alone.Later on,the issue of factor manifest ation and whether to separate the evaluation of housing and land is briefly discussed.On the basis of a brief analysis of the mechanism of the area factor,author summ arize and analyze the consideration of the area factor in judicial practice,and discuss t he court’s attitude and adjudication position in different situations,such as unlicensed and unregistered houses,temporary houses,vacant land and courtyards,and describe t he goodwill of the judicial discretion to protect people’s livelihood as a policy underst anding reflected in the cases.Certain other influencing factors that arise in practice and are actually considered by the appraisal agency are examined,including both building-related factors such as floor level,orientation,year of completion,floor area ratio,and other building-derive d factors such as number of households,vacancy rate,traffic condition,and supportin g facilities.For these influencing factors that are not explicitly listed in the law,wheth er they are included in the scope of consideration and whether they are taken into acco unt in the appraisal work in practice depends on the subjective judgment and personal understanding of the appraisers,and there is some room for discretion.In the concluding part of the article,author tries to distill and summarize the gen eral and judicial criteria for whether to include other possible influencing factors repre sented by the word "etc." in the law into the scope of consideration,the general criteri a being the degree of relevance and relative importance,and the judicial criteria being whether it has a substantial impact on the amount of determination and whether it has a negative impact on the actual compensation benefits. |
