Study On The Protection Of Property Rights Of People Whose Houses Are To Be Expropriated

Urban construction in China has been accelerating in recent decades.Urban renewal in urbanized areas is becoming more and more significant.Obviously,housing expropriation is the first problem that must be faced directly in the practice of urban renewal.Housing expropriation,which is a major matter about the vital interests of people whose houses are to be expropriated,may affect social harmony and stability if not implemented properly.It needs legitimate reasons to expropriate citizens' house with fair and reasonable compensation.Compensation based on the price of houses to be expropriated is the major principle of the expropriation.Compensation for the loss of the People Whose Houses are to be Expropriated is also of great importance,in order to protect people's property rights.Through deep analysis of the cases,we can draw the conclusions followed.First,if correctly to be implemented,the compensation standards enacted by the housing expropriation departments can protect people's property rights with no doubt.Secondly,unfair compensation widely exists.The longer people delayed to sign the contract with the housing expropriation departments,the more compensation they got.According to the logistic and linear model we built,every one-month extension of agreeing to be expropriated,the possibility of getting over-standard compensation will increase by nearly 11%,and the over-standard compensation that they got will increase by 1.7%.This ironically reveals that those who disobey the law got more in the expropriation.To better protect the Property Rights of People Whose Houses are to be Expropriated,three aspects should be improved.First,the government should make the plan of expropriation known to the public,and should encourage the participation of interest groups,help people to express their ideas freely,and give people the right to deny the expropriation.Second,it is quite crucial to re-examine the contribution of people whose houses are to be expropriated,and compensate people whose houses are to be expropriated for all they have been lost(also named the Principle of Full Compensation).We should establish a mechanism that share the benefit between the government and the citizen more reasonably.At last,strengthen the judicial supervision is also of great importance.