| In our country, the system of the land ownership is the public sector of the socialist, namely the land is owned by the state or the collective. As a result of national construction, or the need of other public interest, more and more collective land is expropriated to the state land. The homestead in rural is belongs to the collective construction land, especially the expropriation compensation about the houses in rural homestead is closely related to the villagers living conditions and the property rights. So a lot of local regulations are enacted by the local legislatures, in order to regulate the expropriation compensation about the houses in rural homestead. But there are a lot of problems about the expropriation compensation about the houses in rural homestead. Especially the local regulations are lack of the compensation scope, the compensation standard, the compensation mode, the compensation program and the compensation relief about the expropriation compensation about the houses in rural homestead. Currently the most in need of solved problem is enact a national legislation on the expropriation compensation about the houses in rural homestead.This paper has a total of four parts. The first part expound the concept of he expropriation compensation about the houses in rural homestead from the basic theory. Point out it is nature of administrative compensation and compare with housing collection of compensation on state-owned land, find out their differences. The second part, Combed the local legislation which have enacted already. To find out the system has been established of the expropriation compensation about the houses in rural homestead. Then point out the results and problems in local legislation of the expropriation compensation about the houses in rural homestead. The third part, introduce the legislation of expropriation compensation system in the Germany, French, U.K. and the U.S. And summarize the enlightenment to our legislation. The last, the constructive suggestions are given of the expropriation compensation about the houses in rural homestead in China. |
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