Research On Compensation System For House Expropriation On State-owned Land

With the promulgation of the "Regulations on Acquisition and Compensation of Houses on State-owned Land"in 2011,the "Urban Housing Demolitions Management Regulations" were abolished.China’s urban housing expropriation and compensation has also transitioned from "house demolition" to "house expropriation",and the era of "house expropriation" has been opened since then.The regulations enumerate the circumstances that belong to the public interest,clarify the scope of compensation and compensation standards,protect the expropriated persons’right to know,participate and remedy,abolish administrative compulsory demolition and stipulate the relocation principle of compensation first and relocation later.All of the above will help standardize and systematize the housing expropriation and compensation system.Although the system of expropriation and compensation for houses on state-owned land has been regulated by special administrative regulations,and the supporting specific regulations are relatively complete,the relevant content of the system has not been revised for nearly ten years,and the system has not appeared new.Legislation,therefore,some provisions of the system can no longer completely solve the new problems and contradictions in judicial practice.With the promulgation of "China’s Civil Code",the right of abode is recognized as a legal usufructuary right.At this time,the protection of the right of housing for tenants of public housing is particularly important.In the previous house demolition,there were provisions on the compensation of house tenants,but the existing national-level laws and regulations did not deal with the protection of house tenants,let alone the protection of housing rights of public housing tenants.Therefore,it is necessary to further refine the unclear and unspecific parts of the existing regulations to enhance the operability of the system,to better safeguard the public interest,and to protect the legal rights of the expropriated persons and public housing tenants.This article combines the relevant laws and regulations of the house expropriation and compensation system on state-owned land in our country and related foreign systems,using literature research,historical analysis and comparative analysis research methods to analyze the relevant provisions of the system at this stage,hoping to be able to The compensation system puts forward some suggestions for improvement of its own.Combining with the newly promulgated "China’s Civil Code"on the protection of residency rights,it analyzes the existing shortcomings in the protection of the legal rights of public housing tenants,and puts forward suggestions that conform to the spirit of the existing laws.From the legislative level,construct the system to further protect the legitimate interests of the expropriated persons,thereby alleviating the intense conflicts between the parties involved in house expropriation and contributing to the construction of a harmonious society.This article is mainly divided into five parts,each part is as follows:In the first part,introduction:Introduces the research background of this article,and expounds the theoretical and practical significance of this research from a macro perspective.By introducing the current research status of domestic and foreign scholars on the housing expropriation and compensation system,we can understand the focus of research on this system by Chinese and foreign scholars.At the end of this part,the research methods and innovations of this article are introduced.The second part is an overview of the House expropriation and compensation system on state-owned land.First,it introduces the concept and characteristics of the House expropriation and compensation system on state-owned land.Secondly,starting from the existing provisions of the Constitution,laws,Judicial interpretation other legal normative documents,the current legislative status of the system is introduced.Finally,starting from the legislative purpose of the "Regulations on Acquisition and Compensation of Houses on State-owned Land",the significance of researching the system is introduced.The third part is about the investigation and reference of foreign House expropriation and compensation system.Listed the housing expropriation and compensation systems in several countries,including the United States,Germany,Japan and South Korea.From the four aspects of compensation principle,compensation scope,compensation standard and compensation method,it introduces the relevant systems of each country.From the analysis of the four aspects,it proposes the places that our country’s expropriation and compensation system can learn from.The fourth part is about the problems of the House expropriation and compensation system on state-owned land.In view of the shortcomings and omissions in the existing legal provisions of the system,this article puts forward four problems in the system.Unclear scope of public interest and lack of defined procedures.The compensation range is narrow and the standard is lower.The evaluation payment regulations are vague,and the evaluation agency alternative library is monopolistic.The rules on the procedures for soliciting opinions on argumentation are general,the scope of application of hearings is narrow,and the rules on enforcement procedures are vague.The fifth part puts forward relevant suggestions for improving the expropriation and compensation system of the House expropriation and compensation system on state-owned land in our country.For the issues raised in the fourth part,specific suggestions for improvement are put forward in this part.Reasonably clarify the scope of public interest and establish a pre-and post-review mechanism for public interest.Expand the scope of compensation and raise the compensation standard.Clarify evaluation payment regulations and establish a cross-administrative evaluation agency selected library.Refine the procedures for soliciting opinions on argumentation,expand the scope of application of hearings,and enrich the relevant provisions of the enforcement procedures.