The expropriation of houses on state-owned land is based on the Regulations on Expropriation and Compensation of Houses on State-owned Land, but there is no unified legislation on expropriation and compensation of houses on collective land.
There are two cases of house expropriation on rural collective land: one is village in city, that is, the case of house expropriation on collective land in urban planning area. Because the location of the house has been included in the urban planning area, the surrounding housing prices have been commercialized. If compensation is still given according to the original standard of attachments on rural collective land, it is difficult to solve the housing problem of farmers. Therefore, many cities have specially introduced compensation measures for housing expropriation on collective land in urban planning areas. The Reply of the Supreme People's Court Administrative Court on Issues Related to Compensation for House Demolition after Rural Collective Land Expropriation clearly states that after the expropriation of rural collective land by administrative organs, the original rural residents on the expropriated land still enjoy the ownership of the house, and if the house location has been included in the urban planning area, the compensation and resettlement for the house owner shall be made with reference to the Regulations on House Expropriation, Compensation and Resettlement on State-owned Land.
Second, when collective land is expropriated, houses are expropriated as attachments to the land. The current legal basis for expropriation and compensation of rural land and houses is the Land Management Law. However, China's Land Management Law mainly stipulates land compensation, but does not stipulate housing compensation. Houses on collective land are "appendages" in the legal expression. In addition, the current Land Management Law was revised in August 2004. Paragraph 3 of Article 47 of the Land Management Law stipulates that the compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government, that is, the compensation standards for attachments and young crops on rural collective land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government. However, in practice, provincial governments in many places have further delegated this right to cities. As a result, when formulating these standards, all localities are very arbitrary, and the resettlement methods are not the same, and all localities are exploring. In addition, although Article 2 of the Land Management Law stipulates that the state may expropriate or requisition land and make compensation according to law for the needs of public interests. However, in the methods of house demolition on collective land implemented in various places, most of them do not stipulate public interest as a prerequisite for expropriation of rural collective land.
The Land Management Law was last revised in 2004. With the deepening of China's economic and social reform, some regulations can no longer meet the needs of economic and social development. Thus, the new land management law was born!
2065438+On May 23rd, 2007, the Ministry of Land and Resources publicly solicited opinions on the draft land management law (amendment). On July 27th, the draft land management law (amendment) was submitted to the State Council.
This revision involves article 4 1 of the current land management law, which mainly includes four main contents.
First, the legal obstacles for rural collective construction land to enter the market have been removed. Wei Lihua pointed out that this is the biggest highlight of this revision. The current land management law not only allows township enterprises to enter the market due to bankruptcy and merger, but also prohibits rural collective construction land from directly entering the market. However, with the rapid advancement of industrialization and urbanization, such regulations make it impossible for rural collective construction land to enter the market with the same rights and prices as state-owned construction land. The revised draft has deleted the provisions of Articles 43 and 63 of the current land management law, and added the collectively-operated construction land that stipulates that the state should establish a unified urban and rural construction land market and conform to the overall land use planning. Collective land owners can use it by land-using units and individuals by means of transfer, lease, contribution at a fixed price or shares, and the obtained business land use right can also be transferred, leased or mortgaged.
The second is to improve the rural land expropriation system in many ways. Cancel the multiple method of annual output value and regional comprehensive land price as the basis for calculating land compensation and resettlement subsidies; Housing compensation and social security fees for landless farmers have been added to the compensation fees for land acquisition; The land acquisition procedure was improved, and the original post-approval announcement was changed to pre-approval announcement.
The third is to improve the rural homestead system and ensure and implement the usufructuary right of farmers' homestead. People's governments at the county level should take measures to protect the right of rural residents to live in their own homes in areas where the per capita land in urban planning areas is too small to realize "one household, one house". At the same time, reform the homestead examination and approval system, decentralize the homestead examination and approval authority, and stipulate in principle that the homestead will voluntarily withdraw with compensation.
The fourth is to absorb the mature practices of land management reform over the years into the draft law. For example, the national land supervision system will be upgraded to a legal provision, and at the same time, it will be linked with the unified registration system of real estate, making it clear that the state will implement unified registration of real estate for land, houses and graves.