| At present,Chinese real estate expropriation legislation is decentralized,which in form shows many laws in the legislative system structure,and in content presents a dual legislative structure of collective land expropriation and house expropriation on state-owned land.Differences,conflicts and imperfections in legal systems have led to crises such as inequality in urban and rural expropriation,imbalance between public and private interests,and frequent expropriation conflicts.These are inconsistent with the current reform and development goals of accelerating the integration of urban and rural development and strengthening the balance of public and private interests in the field of expropriation.Therefore,it is necessary to explore the common problems of the current real estate expropriation legislation and its practice,learn from the effective experience outside the territory,and establish a unified urban and rural real estate expropriation legal system to solve the fierce contradictions and practical problems of real estate expropriation from the system.The expropriation of real estate must meet three legal requirements,namely,the requirements of purpose,the requirements of fairness and the requirements of procedure.Therefore,the unified legislation on real estate acquisition should also be studied mainly around the above three requirements.The definition of public interest is an important prerequisite for starting real estate expropriation.The current eclectic definition method has problems such as simple and vague enumeration content,expansion of bottom-line clauses,etc.,and lack of operable definition standards.Therefore,it is necessary to refine the enumeration situation by formulating a collection catalogue,and on the basis of establishing the principle of proportionality,introduce operable definition standards,such as Profit and Loss Comparative Analysis,so as to improve the content of entity definition.In addition,procedures for pre-examination and dispute resolution of public interests should be added,and the roles of the legislature,the executive authority,and the judiciary should be played in a coordinated manner,so as to strengthen the control of procedures for the definition of public interests.The element of fairness is to give fair compensation to the expropriated and the expropriation-related parties.Compensation for expropriation is directly related to the protection of the rights and interests of the expropriated persons and the expropriation-related persons,so the principle of fair compensation should be established.Through the establishment of a compensation standard system with fair market value as the core,the expansion of the scope of compensation objects and the value of expropriated property for real estate expropriation,and the provision of diversified compensation methods,including monetary compensation and other alternative compensation methods,the property value and survival value of equity entities are guaranteed,and the fairness and justice of compensation for real estate expropriation are promoted.As a kind of "visible justice",due process of expropriation is a necessary means to protect the legitimate rights and interests of private property and restrict the right of expropriation.Design a unified real estate expropriation procedure with reference to the current land expropriation procedures,with the value orientation of "equal consultation and protection of rights" throughout.In addition to the public interest definition procedure,improve the system including the disclosure system,the hearing system,and the negotiation and determination system for compensation and resettlement plans,protect the expropriated and the expropriation-related parties’ rights of participation rights,expression and supervision,and improve the expropriation rights relief system,so as to achieve compliance with the purpose of public interest expropriation and the substantive justice of fair expropriation compensation,as well as the procedural justice that realizes open and transparent expropriation procedures,equal consultation,and obvious administrative efficiency. |
