Study On Compensation For House Expropriation On State-owned Land

Compensation for house expropriation on state-owned land refers to a series of legal acts,such as the government expropriation of houses owned by citizens or units to the state in order to protect national security and promote national economic and social development.At present,the laws and regulations regulating the expropriation and compensation of houses on state-owned land are the regulations on Expropriation and compensation of houses on state-owned land（hereinafter referred to as the regulations）implemented in 2011,which regulates the implementation of the expropriation and compensation of houses on state-owned land.However,with the continuous acceleration of China’s urbanization process,there are also various problems in the practice of housing expropriation compensation on state-owned land,such as the violent resistance of the expropriated person to move,the lessee of the expropriated house refuses to move,the unreasonable evaluation compensation of the expropriated house,the military products involved in the expropriated house,and there is no suitable land and aboveground house to replace when the property right of the expropriated house is exchanged.With the promulgation of the civil code,the problems of how to compensate the right of residence of the expropriated house have gradually emerged.The current compensation system for house expropriation on state-owned land does not make detailed provisions on the above problems.Therefore,paying attention to the compensation for house expropriation on state-owned land plays a vital role in further promoting China’s urbanization.In order to solve the numerous problems of housing expropriation compensation on state-owned land,it is necessary to improve the relevant laws and regulations,especially the supplement and improvement of the contents of the regulations.On the basis of referring to the expropriation compensation system of some foreign countries,this paper puts forward means and proposals to improve the housing expropriation compensation on China’s state-owned land,such as clarifying the legal preconditions of expropriation,that is,defining the public interest,clarifying the compensation standard of housing expropriation,improving the evaluation mechanism of expropriated housing,expanding the public’s right to know,improving the judicial relief channels of stakeholders,and fully protecting the legitimate rights and interests of expropriated people,In order to promote the smooth progress of housing expropriation and compensation on state-owned land and escort China’s urbanization construction.