| As the direct rationale of demolition replaced by administrative expropriation, the "Regulation on the Expropriation of Buildings on State-owned Land and Compensation" has been adopted at141st standing meeting of the State Council in January19,2011, and issued through the No.590order of the State Council in January21,2011. This is a new authority of legal norms about behavior of administrative expropriation, after two legal operations:one is from the constitution height fitted levying behavior into constitutional norm by2004"Constitution amendment"; the other is stipulated by "property law of the people’s Republic of China" that for the public interest needs the government can levy all of the land about collective units, individual housing and other real in accordance with the law of the jurisdiction and the program. With the revised and issued of the "constitution" and "property law","demolition" has been instead of "administrative expropriation" from the literal meaning and administrative expropriation has become the administrative legal norms of commonsense concepts familiar to all sectors of society. The new regulations has been in operation for a period of time, and some scholars have been issued paper that explained theoretically for the new regulations, but guiding the practical application from the new regulations there is still a long way to go.With the "City Housing Units management regulations" abolished and the "Regulation on the Expropriation of Buildings on State-owned Land and Compensation" promulgated and implemented, it can be described as a ripple, the legal profession, academia and the community on the new ordinance has a different view. The new regulations to a certain extent, clarified the definition of public interest, regulated the body of administrative expropriation, and improved compensation range and standard, but inevitably exposed its drawbacks and deficiencies. How to better understand the new regulations, how to better realize the transformation from "city building demolition management" to "administrative expropriation and compensation", how to make the new regulations to better guide the practice of administrative expropriation, how to perfect the new regulations in the practice of law in the future has become the focus of legal research. Because the "Regulation on the Expropriation of Buildings on State-owned Land and Compensation" implementation time is short, in the concrete administrative expropriation practice also is still in the exploration of the improvement stage, so this paper focuses on the explanation and analysis from the new regulations, aims to further promote the new regulations to guide future practice.This paper is divided into four parts. The first part outlines the theory of housing on the housing levy, and elaborates this theory from the aspects of housing expropriation theory essence, theory origin and collection of subject and object, expropriation procedure etc.The second part through the analysis of administrative expropriation of houses in our country recent legislation practice, summarize the contribution to society at the same time focusing on the legislation of administrative expropriation inadequacies in our house, in order to better improve our housing administrative expropriation legal system.The third part combining of housing expropriation and legal practice of other countries and regions, in contrast with China’s administrative expropriation legal system, such as Germany, Japan, Taiwan advanced legislation, borrow and refer to their feasible experience, in order to better serve to the legislative practice of our country.The fourth part is the focus of this paper. Through seven aspects, it puts forward proposals to improve the legal housing administrative expropriation system in our country, and proposes legislation suggestions in a full range, in order to improve the legal system of the housing expropriation. Finally we will see that the legal system of housing expropriation could better serve the social practice. |
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