Research On Legal Issues Of Urban House On Stated-Owned Land Expropriation Compensation

With the accelerating of urbanization and the expansion of urban size, the urban housingtakings become an inevitable choice for the development of urban, which plays a veryimportant role in many aspects, such as in raising the living level of city residents, improvingthe urban environment, perfecting the urban functions, promoting the development ofeconomy and society and building the harmonious society. In the process of urban housingtakings, compensation is the core factor of urban housing takings. However, massdisturbances, caused by acquisition compensation, quiet often happen, and were under thespotlight of all circles of the society. Therefore, this article focuses on “HousingExpropriation and Compensation On State-Owned Land Ordinance” and other related law andordinance, aims at analyzing the existed problem of the process of urban housing taking andcompensation, searching the methods to fulfill the just compensation of housing takings, andproviding some practicable and feasible assistances for the practice of housing takings andcompensation. This article is divided into five parts, there are still three parts except forintroduction and conclusion.Part one is an overview of the system of urban housing takings and compensation onstate-owned land. First of all, it defines the urban housing takings and stated its characteristics,and analyzing the legitimacy of urban housing takings; Secondly, it defines the compensationof urban housing takings’ concept and its essential elements.Part two analyzes the main problems existed in the practice of urban housing takings andcompensation. Firstly, this paper analyzes the procedure problem of making housing takingsdecision, which are lacking of participation system, asking for suggestions and demonstration,and the limitation of hearings, etc. Secondly, it states the problems of compensation range,including there is no compensation for state-owned land user and leaseholder. Thirdly, itanalyzes the problems of the evaluation criteria for housing taking marketing prices. such as,the chosen evaluation authority is lacking of neutrality and procedural protection. Last but not least, this article presents that the judicature enforces have obstructions in practice.Part three is the hardcore of this article. According to the existed problems of housingtakings process, this thesis aims at proposing suggestions for perfecting urban housing takingscompensation fairly. The suggestions are improving democratic-making decision system ofhousing takings, enlarging the range of compensation, perfecting the marketing priceassessment system, and improving the system of judicial enforcement.