中国国有土地上房屋征收与补偿法律制度探析 - 以公民私有财产权保护为视角 -

Abstract

In the 21st century, in the context of the rapid development of political and economic cultures around the world, social change continues to create new waves, which has led to the acceleration of the pace of modernization of the cities. At present, China’s house expropriation forcibly recover the expropriation of state-owned land use rights’double pressure makes the housing expropriation and compensation disputes arising from China's urbanization process has been praised by the world attention. The issue of housing expropriation and compensation on China's state-owned land as a major social issue concerning the national economy and the people's livelihood, there are a lot of disputes in this area, among which compensation is one of the most controversial issues. In the process of the housing expropriation, violence enforcement of the administrative organs, "Nail households" would rather die than move, and the continuous appeal and petition have not been fundamentally solved. On January 21, 2011, the official announcement of the regulations on the expropriation and compensation of houses on state-owned land (hereinafter referred to as the Expropriation regulations) received wide attention，it has made great progress in the subject of expropriation, the purpose of expropriation, the procedure of expropriation and the compensation of the expropriation. At the same time, it also has a very important influence on the collection of administrative organs. However, it is regrettable that the regulations still do not take a crucial step towards the protection of the basic rights of those who are expropriated. In practice, there are still many problems such as difficult definition of public interest, narrow expropriation scope, imperfect property price evaluation mechanism, imperfect housing compensation hearing system and so on. In view of this, this article mainly from the perspective of citizen’s private property rights protection. A systematic summary of the current expropriation regulations. It focuses on the analysis of the difficult problems exposed in practice. Aiming at the above problems, we put forward some pertinent countermeasures and suggestions in the aspects of public interest, the scope of the collection, the price evaluation, the compensation hearing and so on. With a view to reconstructing the legal mechanism of the protection of people's rights in the state owned land, regulating the housing expropriation of the administrative organs, and maintaining the social harmony and stability.