Owned Land On The Housing Levy Decision Procedure

The state-owned land on the housing levy and Compensation bars "on January21,2011by the State Council announced the implementation of" Urban Housing DemolitionManagement Article Column levied main or collection procedures have made greatprogress. Under the provisions of the Constitution, only States have the powers ofexpropriation and any other organizations, groups, this is not the powers. As the countryis a combination of the territory, residents, government and sovereignty itself is anabstract concept rather than a specific subject. Thus, the behavior of the state levyactually be exercised by the government, cannot be exercised by a governmentdepartment. Therefore, the decision-making process of the housing levy should beclearly expropriation decision body, the collection of clear and specific implementationof the main clarify the legal status of the subjects of the government in the expropriationprocess, scope, authority and responsibilities. State-owned land on the housing levy,must implement the specification expropriation, safeguarding the public interest, thepurpose of protection of private rights, and to achieve these objectives, they shouldhave the collection process elements include: the public interest determinationprocedure, in line with the state and the level government planning requirements, followthe legal procedures, in line with the principle of proportionality (ie to "really necessarylevied housing requirements). To achieve these elements, the collection process mustfollow the principles of due process of law, the principles of procedural justice.However, despite the new list has been introduced more than two years, in theimplementation process how people all to see, the demolitions cause death continues,the issue has not been fundamentally resolved due to the enactment of the new barcolumn. May be many reasons levied main exercise of compensation for expropriationbehavior is not in accordance with the strict legal and it should be one of the reasons, ofcompensation for expropriation process to comply with due process, the first collectionof decision procedures have to comply with due process, if there is no pre-collection oflegitimate decision-making process, it is impossible to have the fairness of the latecompensation for expropriation. Therefore, this article only discusses the expropriationdecision process, through the levying of the discussion of the decision-making process to prepare for compensation for expropriation procedures of the expropriation decisionprocedures related provisions in the new strips column to sort out and resolve theproposed housing levy decision-making process more standardized procedures, bothfor its immediate implementation or to impose the norms and behavior of the perfectfuture, are helpful. In particular, the proper procedures in the collection process andjustice to be imposed to protect the legitimate rights and interests of the people, isessential. To safeguard the proper procedures, effective implementation of proceduralfairness in the collection process, you must have the perfect relief program."The firstprogram in the right relief prior to the rights" Otherwise, any "rights" are empty wordswritten on paper.