The Problems Of Optimizing The Procedures Of Expropriating Houses On State-owned Land

The promulgation and implementation of Regulations on the Expropriation ofHouses on State-owned Land and Compensation Therefor from January2011markingthe "dismantlement of house" was replaced by the “expropriation of house ",government has become the main body of expropriating houses. Then, the nextquestion is optimization the procedures of expropriation which supporting the practiceand sound the related legislation. In recent years, with the development ofurbanization, the process of the urban renewal and construction projects emerge inendlessly. As one of the coastal open cities, Ningbo has entered the big constructionand development stage of upgrading development strategy, in economic and socialdevelopment, as basic work of urban construction, the importance of expropriation ofhouses is becoming more and more obvious. Expropriation of houses involves balanceof interest, social stability and many other questions, drawn wide attention of allsocial sectors.This paper uses empirical analysis method, during the period of the old theregulations on the administration of urban house dismantlement replaced by the newRegulations on the Expropriation of Houses on State-owned Land and CompensationTherefor, the expropriation of houses on state-owned land of Ningbo south railwaystation renovation project caused the some thinking on current expropriation of houses. The full text is divided into two parts and discussed in four chapters. The firstpart is the first chapter, eliciting the purpose and content of the text is the procedureproblems of expropriating houses on state-owned land mainly through the typical case,and then elaborated on legislation process of China’s urban houses from"dismantlement” to” expropriation”, introducing the background and basic concept ofhouse expropriation of the procedural legislation, combining public and private righttheory, the new administrative law theory and due procedure theory with proceduresof house expropriation related administrative law theory, Analyzing the valueconcepts in the procedures of housing expropriation which should be followed andconstructing the theoretical basis of improving housing expropriation program. Thesecond part is composed by the second, third, and fourth chapter. We analyze anddemonstrate from three aspects: using the purpose of the house expropriation to defineof "public interest", using house expropriation of administrative procedure to analyzethe public participation mechanism, discussing the problems of judicial enforcementthrough the guarantee of judicial procedure of house expropriation. Through thecomparison between the old law and the new law, we putting forward the improvedsuggestions and direction under the analyzing the shortcomings of Regulations on theExpropriation of Houses on State-owned Land and Compensation Therefor and theexisting procedural problems of dismantlement. The second chapter puts moreattention on defining the public interest and clearly holding the main points of publicinterest, and then puts forward the procedural construction of definition of the publicinterest. The third chapter raises the suggestion on establishing systems of sunshineexpropriation, hearing procedure and house evaluation which aiming at the problemsof information publicity in the public participation mechanism, imperfect of thehearing system and the mere formality of housing assessment. In the fourth chapter,we raise the suggestions on the compulsory execution to consummate the legitimaterights of expropriation and the means of judicial protection, the separation of judgeand execution and social risk assessment which aiming at the existing shortcomings ofcompulsory execution which the courts often improperly intervene and the court willbe the one who judge then execute on themselves. Finally, the conclusion is that: the procedure of house ion plays an key role in realizing the fairness of expropriatedcompensation, Regulations on the Expropriation of Houses on State-owned Land andCompensation Therefor still has deficiencies in procedures of expropriation, thedetailed rules for the implementation or the related legislation needs improve andperfect.