The Research On China's Urban Housing Expropriation Of The Compensation System

The process of urbanization has been speeded up in transitional society in China after 1990s. Large-scale demolition and relocation result in many conflicts between various groups, specially many bloody incidents of violence concerning expropriation in 2010. The most direct reason lies in the defects of the former rules on compensation for expropriation and demolition. The situations bring about unreasonable compensation for demolition and damage of the homeowners' interests. And, because the relevant provisions do not provide reasonable and effective relief system, the damaged individuals' interests can not obtain seasonable remedies. In order to prevent the incidents of forced or violent demolitions, the State Council issues the "Regulation on Expropriation and Compensation of houses on State-owned lands" on January 21,2011. Compared to the previous provisions concerning expropriation, the new regulation exhibits many advantages. My research work focuses on some merits and some inadequacies of the new regulations. Furthermore, the paper also compares the Regulation on house expropriation with it in Japan and Taiwan, studies the useful and reasonable factors in order to propose a sound system of compensation for urban house expropriation.The first content of my research work focuses on these merits:for example, the explicit scope of public interest defining, the role of government transforming in the expropriation; the provisions on assessment system for compensation improving, the principle of the compensation for a demolished home prior to the expropriation. The new Regulation also strengthens the responsibilities of officers in order to avoid jobbery and abuse of power as well as to protect the legal rights of the concerned homeowners. Furthermore, the paper analyzes some inadequacies of the new regulations:for example, the right to use of the more valuable land is not well-defined the reasonable compensation; the principles of compensation in the house expropriation process are not described explicitly; the scope of compensation is still narrow and the means for remedy should be diversified. The most important issue is that the new regulation hasn't provided the procedures for the house expropriation yet as the former one did. The supervisory mechanism for the house expropriation prescribes so simply that it lacks of operability to implement.The second content of the paper also compares the Regulation on house expropriation with it in Japan and Taiwan, studies the useful and reasonable factors in order to propose a sound system of compensation for urban house expropriation.The third content of the paper provides some specific advises. Firstly, we should improve the procedural mechanisms of the housing expropriation, including the establishment of consultation mechanisms and the hearing system before the demolition. Secondly, we should define the compensation for the rights of land use clearly in order that the homeowners obtain enough compensation for the demolished property and real estate. Thirdly, we should improve our housing expropriation assessment system, including the establishment of a truly independent assessment agency, providing specific assessment methods and so on. Finally, we should advance the house supervisory mechanism of compensation for expropriation. By way of these efforts, it is our hope that the implementation of the new Regulation on China's Urban Housing Compensation pay equal attention to the substantive and procedural outcomes, conforming to the requirements of efficiency and fairness, which is not only better to protect the interests of the homeowners, but also to promote the process of urbanization and social harmonization and stability.