| On January 21,2011,"Regulations on Expropriation and Compensation" has given local governments a legal basis for carrying out housing requisition work.However,it is undeniable that as an administrative regulation with only 35 clauses,it’s unrealistic to solve all the disputes that have arisen in housing requisition process.The purpose of the "Regulations on Expropriation and Compensation" was originally to guide the housing requisition activities on state-owned land,thereby effectively alleviating the land tension caused by rapid urban development and reducing social conflicts caused by housing requisition.However,as far as my country’s current housing requisition practices are concerned,not only did the legislators fail to fully achieve the goal of protecting the private property of the expropriated persons and realizing public interests,but on the contrary,the "urban demolition and relocation" is still happening,and conflicts and confrontations are still happening.In the gradual upgrade,the housing requisition problem that plagued city managers has not been resolved.As Professor Suli Zhu said:"Don’t regard legal discourse as a self-sufficient system,but try to examine it from the perspective of the connection between legal discourse and social practice." In order to explore the causes of the problem of housing requisition on state-owned land and propose corresponding countermeasures,this article uses a compensation case between Mr.Qu and the People’s Government of Mentougou District,Beijing’ as the research object.I generally follow the idea of"propose problems—analyze problems—solve problems" in writing,hoping to make some contributions to improve the housing expropriation and compensation system on state-owned land and safeguard the legitimate rights and interests of the expropriated.This paper consists of three chapters:The first chapter is a brief description and analysis of selected typical cases to find out the phenomena of illegal expropriation,assessment loopholes,infringement of the right to choose compensation methods,and failure of dispute resolution mechanisms before and after the housing requisition activities involved in the case.And in the second chapter,i will also combine with other cases to summarize and put forward the problems in the actual operation of the housing expropriation and compensation system exposed in the case.The second chapter analyzes the problems found in the previous chapter and points out that the current chaos of illegal house expropriation is caused by the lack of sound relevant legal systems and limited judicial supervision.The incomplete evaluation mechanism has led to the inability to guarantee the accuracy of the evaluation results.Excessive financial pressure makes it impossible for the expropriated persons to choose their compensation methods.Various dispute resolution methods are also unable to play a role in solving disputes due to various practical reasons.The third chapter tries to put forward corresponding countermeasures for the problems in the case.Strengthen judicial supervision,and standardize housing requisition activities by improving the legislative system;ensure the independent status of the evaluation agency by improving the housing evaluation mechanism;make full use of research results to guide the formulation of compensation plans to protect the expropriated persons’ right to choose compensation plans,and establish a diversified dispute resolution mechanism to enable the expropriated person to flexibly choose dispute resolution methods. |
