The Study On The Abuse Of Administrative Power In Urban Housing Expropriation

Urban housing expropriation is an important link in urban construction,which plays an important role in urban development.In 2011,the state council promulgated the regulations on the expropriation and compensation of houses on state-owned land,which clearly defined the concept of "expropriation" and "demolition".Clarified the state as the main body of house expropriation and compensation.The compensation relationship is reestablished as administrative legal relationship.And will "compensation first,then relocation" as one of the basic principles of house collection procedures.The state-owned land on the housing levy and compensation ordinance,enacted to regulate the houses on state-owned land acquisition and compensation,maintaining public interests,safeguard the lawful rights and interests of the expropriated,ease social contradictions,maintain social fairness and justice,which has played a positive role.Based on the investigation and analysis of the expropriation and compensation process of the state-owned land in Q district,since the promulgation and implementation of the regulations on the collection and compensation of houses on state-owned land,although the standardization of urban housing expropriation and compensation has been improved,the social contradictions caused by expropriation and compensation have not been alleviated fundamentally,and sometimes they are very sharp.Investigate its reason,it is mainly the government’s abuse of administrative power in the process of expropriation and compensation,which is highlighted in the following aspects:first,the government’s related departments need to implement the housing expropriation in excess of the public interest;second,the expropriation department does not listen to the opinions of the collected people to impose the compensation plan by force;third,the housing expropriation department in violation of relevant provisions to implement the compensation;fourth,the government illegally interferes in the housing price evaluation work;five is the government’s efforts to prevent the expropriation of normal human rights,and so on.Government abuse of administrative power not only damaged the lawful rights and interests of the expropriated,reduces the public trust in government and identity,and damaged the party and the government image of "The party is the public and the government is the people",which is not conducive to further promoting the administration in accordance with the law,and detrimental to the sustainable development of the economic society.The reason for the abuse of administrative power in the process of house expropriation and compensation is:first,unreasonable achievements and interests drive.Some local economic indicators such as GDP and "achievement" on the equal sign,led to the development of cadre blindly pursue economic indicators and not pay attention to the coordinated development and sustainable development and the development of people-oriented concept.Second,the relevant legal system is not perfect,and the government has too much discretion,the law has no clear definition of "public interest",and it is not perfect for the expression of interest and the remedy mechanism of rights.Third,the lack of effective external supervision and restriction mechanism,the supervision of the rights of the subject is weak,and supervision channels are not free.Fourth,the housing expropriation staff lacks the professional standard study training,and the management team comprehensive quality is not high.The abuse of administrative power in housing expropriation and compensation needs to be made from the following aspects:first,we should improve the performance appraisal system of government officials and determine the assessment mechanism of officials based on public interests.Second,we should improve the relevant legislation on urban housing expropriation,further clarify the connotation and scope of "public interest" in legislation,improve the supervision and accountability system for the exercise of discretionary power,and establish effective mediation and relief mechanism for urban housing expropriation.Third,strengthen the coordinated governance of multiple subjects in the process of urban housing expropriation,which on the one hand,we should broaden the way of civic participation,on the other hand,we should play the media’s propaganda role correctly,in addition to which we should give full play to the communication and coordination role of social organizations.Fourth,improve the professional quality of the administrative personnel and the ability to act according to law.