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Problems and Improvement of the Current State-owned Land on the Housing Levy and Compensation Ordinance

Author: LiHe
Tutor: ZhangHongFei
School: Jilin University of Finance and Economics
Course: Civil and Commercial Law
Keywords: Demolition the collection of foreign land expropriation system the collection of decision-making process and fair compensation for the original housing assessment mechanism
CLC: D922.33
Type: Master's thesis
Year: 2012
Downloads: 21
Quote: 0
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Abstract


Review the legislative activities of our housing levy, probably gone throughthree stages, from the demolition of the system is completely attached to the landexpropriation system phase to the demolition of the system is relatively independentof the stage of land acquisition system and then removal system is completelyindependent of the land requisition system phase, which is The demolition of thecontinuous development of the system and in-depth process is time to improve andperfect activities imposed on China, played a crucial role in order to solve our housingdemolition, the collection of problems.Specific refinement of China’s demolition system has gone through the severalstages: December5,1953, the Central People’s Government, through the GovernmentAdministration Council on nation-building land acquisition approach, which is thefirst relatively complete system of land expropriation law; the second part of ourcountry’s Constitution, adopted on September20,1954, Constitution was firstannounced due to the needs of the public interest, in accordance with the conditionsprescribed by law, carry out compulsory purchase of land, expropriation ornationalization; the Department of the State Council promulgated on January6,1958requisitioned for state construction into the earth the way, the three legal system ofChina’s demolition. May12,1982, the State Council abolished the1958nationalconstruction land acquisition approach "and replace it with" nation-building LandAcquisition Ordinance, the land acquisition is limited to the field of collective land,from urban housing demolition is no longer land acquisition for housing demolitionpremise, but through the approval process for obtaining land allocated to Phase II ofthe demolition of the first phase of the system has been greatly improved. Theimplementation of the demolition Ordinance1991, marking a specification ofstate-owned land on the housing demolition act as the center of the demolition of thelegal system is fully formed. Compared with the first two phases, this phase of the removal system can be seen, on the basis of the system followed before demolition,and have made great progress, just because the basic architecture embryonic socialistrule of law and start-up phase, and with a deep imprint of the planned economy, thegrowing development of the socialist market economy, rule of law and building asocialist country under the rule of law strategy has been written constitution, its oldand some defects are magnified to the extreme, resulting in some heated thedemolition of the conflict, led to people calling for the abolition of the commonaspirations of the urban housing demolition system, which is our present practice"state-owned land on the housing levy and Compensation Ordinance" reason.Social development, economic progress, and related laws are needed to matchthe limitations of the Demolition Ordinance "be the catalyst for the emergence andimplementation of the current demolition system, the introduction of the current"state-owned land on the housing levy and Compensation Ordinance ", indicating thatChina’s urban housing demolition problems on the road in the legal system has taken abig step, especially the public interest standard of refinement, the collection of explicitaspects of the legal principles, with active ground-breaking, but the complexity of theissue of housing demolition, so that the housing levy and the issue of compensation isstill faced with many problems. Comparison of new and old demolition Ordinancecontrast, as well as domestic and foreign housing levy system, analyze theshortcomings of the existing housing levy Ordinance as well as problems in the use ofthe specific implementation, and personal point opinions and views.

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CLC: > Political, legal > Legal > Chinese law > Land Law > State-owned land management and use of law
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