Study On The Land Expropriation And Housing Removal

With the acceleration of the urbanization and the development of the market economy, the size of a city grows, and expropriating and requisitioning a great deal of the rural collectively-owned land becomes necessary. The process involves the removal of houses and their appurtenance on the collectively-owned land.Beginning with the definition of the land expropriation and housing removal,this paper indicates that the land expropriation and housing removal is the standardact of public administration, which is different from the urban house demolition, andcannot fit The Managing Ordinance of Urban House Demolition. Additional itintroduces not only some conceptions such as public interests, expropriation andrequisition, and administrative compensation, but also the policy of the landexpropriation and housing removal in the world. In developed countries, thecompensation is based on the market value. While in China, the compensationstandards are very low and vary in different areas. Analyzing the people related to thebenefits, this paper tells that the benefit of the government is accordant with that ofthe properties-the farmers losing land. Secondly, this paper summarizes the problemsin the land expropriation and housing removal and concludes that the lack of relevantlaws leads to the different compensation standards. The difficulties in compensationare due to such problems, as farmers losing land, the property of the house andcalculating area and decoration, the policy of the residence land, settlement andnon-resident house compensation. What hold back the implement of the policy of theland expropriation and housing removal are the administrative compensation beingnot in time and the act variation of administration. In addition, this paper bringsforward the resolvent of the land expropriation and housing removal. Throughstrengthening lawmaking, completing the policies, smoothening the runningmechanisms, the land expropriation and housing removal is supposed to be impartial,reasonable, transparent and efficient. It is also supposed to reduce the socialcontradiction and to mete realize the people-oriented. Finally, taking the changesaround the policy of the land expropriation and housing removal period in Ningbo as...