Study On The Legitimacy Of Local Government’s Behavior On Downtown’s Housing Expropriation In China

Since China’s reform and opening starting from 1980s,with the rapid economic development,cities across the country are accelerating the pace of construction,which also makes a quick promotion on downtown’s reconstruction.However,due to the relatively imperfect of current housing expropriation mechanism in China,in recent years,the country’s housing expropriation imposed on so much barbarism,nails houses,mass petitions,and even led to some group events,resulting in a greater negative impact on the whole society.This problem arises from a variety of reasons;most of them can be connected with many unreasonable and illegal expropriation behaviors which are carried out by the local governments.China had issued a series of laws and regulations on housing expropriation since 2007;some good news in regulating the behavior of house expropriation had been heard since then.Nevertheless,interest conflict in house expropriation always exists,and just because of that,when the local governments process house expropriation on downtown areas,the legitimacy of their expropriation behaviors is still facing significant challenges.At first,the article clarifies some basic concepts about the legitimacy of the local governments’ expropriation behaviors,analyzes some basic theories related to the legitimacy of the behavior of housing levying,and provides the theoretical support for the legitimacy research of the levying behavior of urban housing expropriation subject;Secondly,the article analyzes the present situation and the reason of the legitimacy of the levying behavior of urban housing expropriation,combined with many specific acts of the legitimacy during housing expropriation in Qinghe District,Huai’an City,and points out that the purpose of expropriation is not sufficient,the procedure is irregular,the compensation is not completed and the judicial relief is imperfect are the main problems of the legitimacy of the current urban housing expropriation subject,and the causes of the above problems are deeply analyzed;In the following parts,the article introduces the practice of the legitimacy of housing expropriation in some developed countries and the typical acts in some Chinese cities.On the basis,the author summarizes some inspirations brought by the practice of the legitimacy behavior of housing expropriation both at home and abroad.The fourth chapter puts forward some suggestions on how to improve the legitimacy of the housing expropriation in our country,including establishing perfect housing expropriation laws and setting up more fair housing expropriation system,and elaborated on them in details.At the end of the article is a case study,through the empirical study on the legitimacy of housing expropriation behavior in Qinghe district,Huai’an city,it is concluded that the route choice for improving the legitimacy of housing expropriation in Qinghe district is to further improve the reasonable compensation policy for house expropriation,to establish an open and transparent procedure of expropriation;to construct a legal and procedural management mechanism of expropriation;and to improve the expropriation performance evaluation feedback system.The final conclusion of this paper is that before more comprehensive housing expropriation legislation has been promulgated and the supervision mechanism of the local expropriation subject is perfected,it is imperative to strictly regulate the legitimacy of the expropriation in accordance with the existing laws and regulations,to effectively protect the legitimate rights and interests of the levy.