Research On The Problems And Countermeasures Of Housing Expropriation And Compensationon On Collective Land In The Main Urban Areas Of Xuzhou City

Compared with the expropriation and compensation of housing on state-owned land,there is no specific legal and regulatory guidance for the expropriation and compensation of housing on collective land,and only general provisions are scattered in the Property Law,Land Management Law and other legal norms,which are too broad,resulting in no unified implementation standards for the expropriation and compensation of housing on collective land.Taking Xuzhou as an example,the housing expropriation on collective land in the main urban area of Xuzhou mostly refers to the housing expropriation standard on state-owned land.However,unlike the state-owned land housing expropriation and compensation on state-owned land,there is no clear regulatory body for housing expropriation and compensation on collective land in the main urban area,and the expropriation subject has large discretionary power,and the implementation units are different.As a result,the management line is confused,the fund supervision is difficult,the expropriation procedure and the expropriation and compensation staff are not in place,and the follow-up protection of the expropriated person is not paid attention to by the expropriation subject,which damages the legitimate rights and interests of the expropriated person to a certain extent,and delays the urban construction process,resulting in the purpose of housing expropriation and compensation on collective land cannot be fully realized.This thesis selects the expropriation and compensation of housing on collective land in the main urban area of Xuzhou as the research object,mainly based on the following considerations.First,the housing expropriation and compensation on state-owned land in the main urban area of Xuzhou city has been nearly saturated.Second,by the end of 2019,urban renewal was encouraged by the central government’s policy,which explicitly prohibits large-scale demolition and construction of urban construction,and improves urban quality by means of urban renewal.The demand of urbanization development in Xuzhou falls on the legal means of housing expropriation,which is to convert houses on collective land,especially residential houses in the suburbs of the main city and the collective land attached to them into state-owned land.In recent two years,the volume of housing expropriation on collective land in the main urban area of Xuzhou city surged.However,the housing on collective land in the main urban area of Xuzhou cannot apply to the policy mechanism of housing expropriation and compensation on state-owned land,nor can it fully apply to the policy mechanism of housing expropriation and compensation on rural homestead due to the contradiction between the nature of the land to which it is attached and its location.This leads to the supervision dilemma of housing expropriation and compensation on collective land in the main urban area of Xuzhou.For example,the subject of supervision is not clear,the supervision of compensation funds is absent,the evaluation work is not standardized,the management of archives is not standardized,the collection and compensation procedures are not unified,and so on,resulting in constant contradictions in the field of housing expropriation,social instability factors increase significantly,and the quality of life of the expropriated people can not be guaranteed.Therefore,it is urgent to explore a regulatory mechanism that conforms to the housing expropriation and compensation on collective land in the main urban area of Xuzhou city,and confirm it in the form of government normative documents.Thirdly,the phased characteristics and existing problems of housing expropriation and compensation on collective land in the main urban area of Xuzhou are universal nationwide,while other areas inside and outside the province are also in the exploratory stage in this field,without mature reference standards,and there are almost no systematic studies on this issue in academia.This thesis takes the supervision of housing expropriation and compensation on collective land in the main urban area of Xuzhou city as the research object.Through sorting out and analyzing the problems exposed in the key links of expropriation and compensation,this thesis finds out the policy loopholes and management gaps in the process of expropriation and compensation,and puts forward countermeasures and suggestions on how to optimize the housing expropriation and compensation on collective land in the main urban area.This thesis provides "Xuzhou reference" for the standard of urban housing collection and compensation.