중국에서의 土地收用 및 가옥철거에 관한 법적 문제 - 공공의 이익과 사유재산권 보장의 형평성 시각에서 -

Abstract

Land acquisition is the national action that based on public powers. For the sake of public interest or public use, the nation can, according to statutory procedure, obtain a piece of private land compulsively with fair compensation, and eliminate its ownership in order to use it for other purposes. Chinese land expropriation compensation system established in the planned economy era, which has played a critical role in promoting Chinese economic development. While along with the establishment and improvement of market economy, the existing land expropriation system becomes incompatible gradually. especially, the land compensation issue is very conspicuous. Therefore, to research the question of land expropriation and explore a reasonable land compensation mechanism is very urgent. Large-scale urban expansion and transformation of the old city, began from the 1990s in China, makes urban housing removal inevitable. A large number of housing removal improves people's living conditions, living environment and speeds up the pace of the transformation of the old city, also ensures the smooth progress of the city. Along with Urban construction development, relocation dispute has been a universal social question. Academic circle had not a unified viewpoint, and our country had not a systematic legal regime, too. All of complex relocation dispute only depend on some principled stipulation to be solved.