A Research On The Application Of The Principle Of Proportionality On Levy And Compensation Of Houses On State-owned Land

In recent years, as Chinese social economy is growing, the rapid pace of urban development, housing levy work is increasingly becoming a social issue of concern, which triggered the dispute is also increasing. China’s urban state-owned land on the housing levy and compensation legal system, it is currently established in this case and the gradual development of a sound, for solving the housing problems in the process of expropriation has played a certain role. But at the same time, in the application of these laws and regulations to solve practical problems, but also exposed some problems exist in the system itself. For urban construction, after the transformation of state-owned land for the recovery and development, is the main purpose of state-owned land on the housing levy, by its nature has a public utilization. In fact, this work is a legitimate private citizen housing in the city imposed mandatory, and conduct appropriate compensation for loss of citizenship, there will be a variety of stakeholders, the formation of a variety of administrative legal relationship. As city manager, the city government to play a large role in building the same time, the government also as planners of the city, from the development of urban construction program, to local renovation campaign planning, assume the role of builders, to a certain extent, affect the private interests of homeowners. In the course of the housing levy and compensation, how do the ends justify the decision imposed, levied principal role clear, fair and reasonable compensation for the results, adjust the structural imbalance of interests, to find a legal way to work in the housing levy and compensation, making collection more standardized behavior, making collection work along lawful, reasonable and sensible direction, it is worth exploring.In this paper the principles of administrative law "principle of proportionality" as a theoretical basis, from the general theory of state-owned land on the housing levy and compensation analysis examining the feasibility of the principle of proportionality in our housing levy and compensation regime applicable, the analysis of the housing levy and compensation system exists The problem, combined with foreign private immovable property levy and Compensation principle of proportionality in the use of experience and practice, and then made recommendations to improve the housing levy and compensation system on the state-owned lands. This article focuses on the principle of proportionality in the housing levy and compensation applicable from the perspective of the public interest and the balance of personal interests, and to explore the role of government in housing levy and Compensation positioning work from the perspective of government power and the balance of the rights of citizens, from housing compensation standards OK to discuss how to reduce the proportion of the housing levy interest in damage to the parties, the author hopes to elaborate on the above analysis, identify existing housing levy and compensation on our legal system applies the principle of proportionality current problems through this one point improvement suggestions caused Reflections on the housing levy and compensation system and implementing the overall work.