The Research On Procedures Of Houses Expropriation On State-owned Land

The housing levy as the essential part of urban development, plays an important role in China’s urban construction. Housing levy in the interests of all parties Game also makes social conflicts arising from the increasingly fierce, which requires the joint efforts of the society as a whole and, in particular, need a legal system based, the constant improvement of the various systems of society. This article from the June2001promulgated the new "Urban Housing Demolition Management Regulations, the2004constitutional amendment," Property Law "in2007, the current" Urban Real Estate Administration Law and201121May start about the housing expropriation proceedings the relevant provisions of the legal system of the State Council promulgated the "state-owned land on the housing levy and Compensation Ordinance" depth settings of the proceedings of the important role of the entire housing levy process, find the current legal system in China land on the lack of housing expropriation proceedings provisions, and try to put forward to improve the state-owned land on the housing levy proceedings reasonably practicable recommendations to be helpful to resolve the contradictions in China’s urban housing levy.The first part of the article is to clarify the state-owned land on the housing levy basic theoretical issues. Pointed out that the concept of China’s state-owned land on the housing levy program related subjects of law in order to achieve the public interest for the purpose,according to the legal process of program units, individual housing levy and asked the public purpose of housing levy program has mandatory national and the protection of the rights of the three basic characteristics. For convenience, the state-owned land on the housing levy program is divided into state-owned land on the housing levy start the program, the main program of the state-owned land on the housing levy and state-owned land on the housing levy three parts of the relief program. In addition, have a fundamental impact on our current state-owned land on the housing levy, on January21,2011, the State Council promulgated the implementation "of state-owned land on the city housing levy and Compensation Ordinance discussed the theme section provides a theoretical foundation.The second part of the article focuses on the shortcomings of China’s state-owned land on the housing levy. Pointed out to highlight the presence of the five aspects. First, the definition of "public interest," the absence of procedural provisions, resulted in the "public interest" as defined in confusion,"Expropriation and Compensation Ordinance has defined the scope of the" public interest ", but poor operability, also need a sets fair, reasonable identification procedures to identify the public interest in the specific case of the housing levy; Second, the lack of independence of the housing levy program body, both housing levy decisions and compensation decisions made by the local people’s governments at or above the county level, but also compensation controversial ruling, a clear violation of the principles of natural justice; housing levy democratic decision-making process is still not perfect. Comments, argument, and whether the result of the adoption of the provisions are not clear, the start of the hearing procedures are also limited to "Old Town alterations" and the lack of clear and specific provisions of the hearing procedure; defective housing levy compensation assessment procedures relief assessment procedures need to be improved, and the right to be levied by the review hardly be able to be effectively implemented, may eventually become a mere formality; fifth is the housing levy relief program has yet to be perfect, the housing levy and compensation programs, there has been the same administrative authority has the same problem, adjudication and reconsideration of the case, which not only does not play an indisputable role Mediating may also give rise to new controversies, and weaken the credibility of the Administrative Adjudication and reconsideration.The third part of the article is mainly through the housing levy program of the United States, Japan and France introduced and compared, and thus improve the laws and regulations in China’s housing levy, the definition of the public interest, levied consultations between the main adjustment mechanism and attaches great importance to the housing levy play a reference to the improvement of China’s housing expropriation procedures and compensation procedures. The fourth part of the article is mainly to improve China’s state-owned land on the housing levy rational thinking. Mainly from the six aspects of effective improvement measures. First, the transformation of the housing levy legislative concept, the scientific balance civil rights and the relationship of the state power, to establish the concept of rights-based, to the right of the people to be levied at the core, regulate the operation of the authority of government; fully aware of the importance of the procedural legislation increase of the logic and operability research of procedural law, setting the scientific, transparent, fair housing levy and compensation procedures; creation of state-owned land on the housing levy "public interest" is defined in the program, only the establishment of the Community decision-making process start to the tightening of the scope of the housing levy, the source of any control collection rights to the legitimacy of the basis for the expropriation decision making; perfect assessment program of state-owned land on the housing levy and collection of real estate prices in order to achieve the identification and assessment the reasonableness of the need to strengthen the identification and assessment of compensation for expropriation price mechanism construction. The establishment of an independent, neutral, objective, impartial damage assessment mechanism, improve the construction of damage assessment mechanism, which is taken of the amount of compensation for expropriation inevitable requirement for social neutral third person standard, is also an important foundation for the establishment of a just and reasonable compensation for expropriation system and premise; perfect state-owned land on the housing levy participation in democratic decision-making process, due to the housing levy mandatory in order to ensure fair, or try to achieve a certain degree of fairness, reduce damage to personal interests, reduce the adversarial and maintaining social harmony and stability, democratic decision-making mechanism should be established. Shall draw on the third party is responsible for the collection of advice sought and organization be imposed, including the public, experts and scholars to conduct feasibility studies, and opinions as well as the results of the demonstration to the public, and this is made on the basis of decision-making in order to guarantee democracy and fair; Fifth, improve the state-owned land on the housing levy hearing procedures, and both need to be imposed because of the circumstances of what kind of public interest housing, shall organize hearings. The hearing should be organized by the disinterested other departments or third party. And regulations to be imposed on the person reaches a certain percentage, the hearing to be effective; perfect housing levy relief program, to be addressed in civil litigation and arbitration both legal relief program to avoid administrative rulings and administrative litigation in resolving this dispute unreasonable and did not thoroughly, but also conducive to the maintenance levy the legitimate rights and interests of the parties, will also help to protect the urban construction projects carried out smoothly.On the last part of the conclusion of this article. Proceedings is not only rational choice of effective measures, but also an important prerequisite of the validity of the conclusions of the application of the law. Through the improvement of the state-owned land on the housing levy neutral, adhere to the procedures, the process is open, the principle of participation in the proceedings, will be better public interests and private citizens property rights, the key to the coordination of the interests of the the housing levy legal relationship between different subjects.