Research On The Expropriation And Compensation Contract For Properties On The State-owned Land

The Implement of’The expropriation and compensation statute for properties on the state-owned land" responded to People’s needs in the field of housing levy on a certain extent. Comparing with the old "Demolition Ordinance",it is an undoubtedly progress. Such as Straightening out the Government’s position on the Levied relations, implementing first compensation then relocation and the Principle of earmarking. The new statute has been implemented during the past2years, however, in the field of housing levy it still has frequent disputes and even lead to a large-scale social group events.All of this makes us o have to go back and re-examine the shortcomings in the statute. The statute is undoubtedly imperfect,how can only legal provisions cover everything? The statute leaves much blank and Provisions of principle,but the supporting implementation and details from the local government is still long overdue, which is bound to bring a lot of inconvenience to the implementation of the Ordinance and the successful performance of the compensation agreement.During housing levy, Compensation is the key, as long as they can get a fair compensation, most of them can actively cooperate with the Government to carry out the relocation activities.However, the nature of the agreement related to compensation compensation is not clear in the Ordinance,for a time, scholars still debate about the nature of the compensation agreement,Some scholars think that it is a civil contract, but others think it is administrative contract.As we know, the housing levy is attached to the large number of benefits,the right to rent-seeking behavior is endless,the implementation of the compensation agreement would not be so smoothly,Determining the nature of the agreement will become the premise of compensation for expropriation agreement relief. So in my paper,I focused on the nature of the compensation agreements, rights and obligations, performance and remedies for breach of agreement.Therefore, the author in the first chapter is to clarify the nature of the compensation agreement for expropriation of the houses on the state-owned land.The second chapter analyzes the parties rights and obligations in the agreement.The third chapter is performance and liability for breach of agreement.The forth chapter is remedies for breach of agreement.