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Urban housing levy Compensation Legal Issues

Author: JiLiKun
Tutor: LiuJun
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Urban housing levy compensation State-owned Land Use Rights Demolition Public interest Market price
CLC: F293.3
Type: Master's thesis
Year: 2011
Downloads: 509
Quote: 1
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Abstract

This article was written in June 2010, it is in the field of urban house demolition compensation very prominent contradictions, urban house demolition compensation legislation brewing in the context of fundamental change, has been practiced by the various urban house demolition compensation system criticized analytical, critical basis, combining the time being consulted in the \Between January 2011, the State Council promulgated the \substantial progress, but due to the conservative nature and limitations of the legislation, the regulations will house the house rather than the state-owned land use rights attached to the object as a collection, and because of the hasty introduction of the Ordinance, the original urban house demolition compensation system exists Some common problems are still not well resolved. We can foresee, and improve the relevant legislation in this area is still not stop the pace, and this is to continue to study the issue value. Including the introduction and conclusion, including, the text is divided into five parts in total, nearly 40,000 words. Introductory section. Through this part of overall social and economic development the introduction of this background, combined with the original urban housing demolition historical development of relevant laws and regulations, and to analyze the original growing problem of urban housing demolition causes and proposed solutions many urban housing levy The key is to compensate for this judgment. The first part, the city housing levy and Compensation Overview. This section focuses on clarifying the city housing levy and compensation for expropriation of urban housing related concepts and theoretical foundation, which is the second part of the problem analysis and the third part of the system to build up a correct logical starting point. This section introduces the concept of urban housing levy and has been legislation on the definition of urban housing demolition and bias lies, that the essence of the city housing levy should be based on public interest requires the government for the collection of state-owned land use rights, and references domestic and foreign real estate levy theoretical argument about the legitimacy of the city housing levy base. Then, the section also compensation for expropriation of urban housing to define, but also by demonstrating to identify the urban housing levy compensation theoretical basis that the burden of special sacrifice to say and equal say. Finally, on the basis of the previous discussion reveals the urban housing and urban housing levy compensation for expropriation relations, pointing out that the issue of compensation in the entire collection system in an important position. The second part of the original urban house demolition compensation practice problems and causes. This section of urban house demolition compensation practices of the main problems of the sort, pointing out that urban house demolition compensation practice, the main problems are: relocation and commercial relocation, regardless of public, public interest clearly defined; compensation narrow range , there is no provision for compensation for the land use rights; compensation standard is unreasonable, the low level of compensation is not protected the interests of the demolition; lack of due process, the demolition of real participation in decision-making is difficult; relief mechanism is imperfect, demolition difficult to safeguard their legitimate rights and interests. And specific for each of the above problem by detailed analysis revealed mainly to these problems. The third part, the city housing levy Compensation Legal System. The part on the basis of the previous text, the original urban house demolition compensation for the process of the outstanding issues, according to some logical order, proposed a set of building urban housing levy compensation system solution. This section first gives the definition of the public interest, which will require a commercial nature sites excluded from the scope of the system proposed definition of public interest should be through the improvement of legislation, reasonable public participation, the necessary remedies, and many other ways to achieve . For a long time for the original urban house demolition compensation misreading of the legal relationship, that part also describes the original urban house demolition compensation related to the subject, and follow the correct legal relationship between urban housing levy compensation, the roles of the various related entities has been re- positioning. Next, the lateral part of the collection of compensation for the scope of the study should be made of the land use rights and other reasonable items to compensate. For the longitudinal compensation standards, the part that should be in accordance with the principle of fair compensation to compensate for the market price as the standard, and the real estate assessment should follow the principles and methods are discussed. Then, the section also compensation in the form of urban housing levy was discussed should be made to adhere to monetary compensation and property rights exchange as the main basis of compensation for indirect, invisible losses, should be increased to provide employment opportunities, tax breaks Fu, easy enrollment, skills training, building social security system of compensation, comprehensive, long-term be imposed to protect people's interests. Finally, the section also compensation for expropriation for urban housing programs were built. On the one hand, the city decided to stage housing levy should be introduced compensation mechanism for public participation; the other hand, in the relief of compensation for expropriation procedures, we propose should be allowed to be imposed in the wider areas enjoy the right to administrative reconsideration and litigation, giving the judiciary appropriate the right to change, to promote political reform to solve the dependence of the Chief Justice and other measures. Conclusion. Concludes the paper.

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