Research On The Compensation Problem Of State-owned Land Use Rights In The Collection And Management Of China’s Urban Housing

With the speeding up of urbanization process, house acquisition becomes theimportant factor that affects the social stability and the urban construction. But thereare many problems and contradictions in it. One of the biggest is the compensationfor the land-use right of urban housing. Both the former Urban Housing DemolitionRegulation and State-owned Land on the Housing Levy and CompensationOrdinance in practice now standardize the acquisition and compensation for houseson the land only, but not the compensation for the State-owned land use right. So thelegal disputes caused by house acquisition can not be solved fundamentally. Houseacquisition is to struggle for house acquisition ostensibly. In fact, it’s just theacquisition of houses within the planned urban area conducted by the government inorder to take back the state-owned land use right, which is an independentusufructuary right and one of the citizens’ legal property rights. House owners havepaid the corresponding land use fees when they buy houses. And the compensationfor the retrieve of the land use right is standardized in The Constitution, PropertyLaw and other relevant laws and regulations. So the house owners have the right toget fair and reasonable compensation for the state-owned land use right. The focus ofdiscussion in this article is how to strengthen the protection of the legitimate rightsand interests of the people of the land use rights through the improvement of thecompensation system of state-owned land use rights.This thesis is about29,000words, in addition to the introduction and conclusion, is divided into six parts.Part I: Introduction section.Mainly describes the historical background of thetopic, significance, literature review and major innovations and shortcomings.Housing levy management compensation of land use rights is an important issue toadapt to the current economic development in China need the final settlement of theissue will greatly promote the development of China’s land management system, andhelp to resolve the the sharp contradictions exist in the land acquisition process, toaccelerate the building of a harmonious socialist society in China is of greatsignificance. Some scholars had a thorough discussion on the issue, and made manyvaluable viewpointsPart II: Housing levy management of land use rights compensation necessityand foundation analysis. In this section, the paper described the two aspects: thehousing levy management compensation necessity analysis of land use rights; thehousing levy management compensation analysis of land use rights. This section beimposed from the promotion of social harmony and stability, and establish a goodimage of the government and protect the interests of the inhabitants of the housingneeds and other aspects discussed the need to compensate for the state-owned landuse rights, and summed up the state-owned land use rights from the current laws andregulations are summarized the legal basis for compensation.Part III: Housing levy management compensation mode of land use rights andcomparative analysis. The part of the comparative analysis of Germany, the UnitedStates, the United Kingdom and China is different in the housing levy Managementcompensation mode, can learn from the successful experience abroad in order toconstantly improve our housing levy management compensation mode.Part IV: China’s housing levy management compensation of land use rights andthe cause analysis. This section from the housing within the land use rights can notbe realized in full compensation, housing outside the scope of the land use rights can not be compensated, the compensation does not distinguish between the acquisitionof land use rights, did not distinguish between the four aspects of the public servicedemolition and non-public service demolition analysis China’s housing levymanagement compensation of land use rights, and pointed out that the legislationlags behind these problems, the judicial review system is not perfect, and performother adverse reasons.Part V: Housing collection and management of land use rights compensationcountermeasures. In this section the author through the establishment of anindependent compensation system of state-owned land use rights, compensation todistinguish the acquisition of land use rights, clearly defined public servicedemolition and non-public nature of the demolition, and improve the compensationmechanisms of state-owned land use rights in four areas to improve the managementof the housing levy compensation of land use rights in China countermeasures.Part VI: Conclusion.