| The real estate expropriation procedure is the core or its system, in the legitimategovernmental expropriation process of the immovable property. At the present stage,urban construction, due to the accelerated pace of urbanization and the rapid progressof the urban planning, has become the important carrier and the basis of the localeconomy. However, in the process of levy, the Government and people tend to beimposed conflicts of interests. The reason, on the one hand, is that the Governmentmisconducts in the demolition program; on the other hand, is that there is a lack oflegal procedures in the real estate expropration. It’s just the lack of "legitimacy",which does not comply with the basic elements of legitimate procedures, being the“improper†legal procedures. It has much contributed to the imbalance distribution ofbenefits, which forms a confrontation between the two parties and greatly affects thesocial stablity. Private property ownership, as a citizen’s the basic rights, is protectedby the basic laws, which means that it can not be violated by any group, organizationor individuals without being authorized. So does the real estate, which is a part of theprivate property. Any organization and individuals who are meant to limit or deprivecitizens’ private property, must follow the legal procedures, which can stronglyprotect the rights from being voilated. Procedure justice has its own values,inaddition to realizing the entity justice, which includes participation, openness,humanity and procedure in time, efficiency, respection for personal dignity, etc. Inorder to comply with the needs of the development of the times,“the Ordinance of theHousing Levy and Compensation on the State-Owned Land†has been enacted in2011. The ordinance, though seeming to have some improvements, still reflects manyshortcomings in the procedure legitimacy in fact.This article, following the clues of the measuring factors in the procedurelegitimacy, as Examplified by “the Ordinance of the Housing Levy and Compensationon the State-Owned Landâ€, points out its shortcomings after analysing the relevanttheories. And in the light of these defects, the text gives some measures andsuggestions on real estate expropriation procedures, and lays emphasis on theimportance of the enaction of the procedure legitimacy, as well as the effective protection of the procedure justice. Furthermore, it deepens the value of proceduresand holds that the framework of due process as the important task at this stage shouldbe always insisted on. Last but not least, it makes a wish that the reatl estate levysystem can really have a perfect and lasting procedure to effectively protect all therights of the people being levied substantially. |
