Legal Issues Of China’s Housing Collection On State-owned Land

The new expropriation regulations "The housing levy and Compensation Ordinance on state-owned land" promulgated on January19,2011have already carried out more than a year, however, it is seemly that the new regulations do not produce the expected result. And the dispute, demolitions, violence and bloodshed caused by the housing expropriation still put on the stage all over the country, then this what causes that? The new collection regulations’huge progress compared with the old regulations are obvious to people, such as the definition of public interest in this legislation breakthrough; such as give the power of enforcement of collection to the judicial organ, avoiding the absurd situation "athletes make their judgment by themselves" that the government is also the decider of the collection and the executive; such as compensation before collection and compensation standard refer to "similar price",all these theoretically protecting the interests of people on maximumBut the academic tentative idea is one thing, the actual effect is another matter. First, though the new regulations have already come on stage, but the specific procedural law and the implementation details have not yet timely follow-up, makes a lot of local government did not know how to fit in practice, they do not know how to apply to the new regulations, then apply to the old are suspected of violating laws. Secondly, in my individual, the new collection regulations is not the pink of perfection, instead there are many rationality problem, such as "property law" and "city land management law" all make provisions on the compensation to the land owners, but " The housing levy and Compensation Ordinance on the state-owned land " did not made provisions on this, only compensate the house properties. This is the violation of the inferior law to the upper law, and also damage to benefit of the people be expropriated. We should know that after being collected and then lost their housing property and using right of land,people should pay to the new houses’ using right of the land under the house, because the house enterprises have to pay to the government for the land. And then they will add this spent to the prices of the houses, this is obviously the government’s twice-sell on one piece of land, is also the main reason that currently price of house is so high in China even beyond the people’s purchasing power.Involving the preface, this article totally has five chapters,As the first part, the preface mainly introduces the research background, significance and current research status;The first chapter is the general theory of housing collection, including concept, characteristic of housing levy and the concept, characteristics and prerequisite of compensation.The second chapter is the main content of this article, introduced the new regulations applicable situation in current China and the problems existed in practice;The third chapter introduces some foreign legislation and experience in practice corresponding to questions referred in the second chapter;The fourth chapter tells some of my recommendations to presently our country’s housing levy and compensation work, including raising the legislative level, formulating housing collection law unified to the upper law,and perfecting the scope,standard, relief regulations,totally four parts.