论我国房屋征收与补偿中听证程序的设立-法律专业论文.docx

听证四项原则方面，以及行政听证保障功能、制约功能与沟通功能的实 现等方面的缺失。 第四章：我国房屋征收与补偿中听证程序的设立。文章对房屋征收 与补偿中行政听证程序设立的必要性和可行性进行分析，认为房屋征收 与补偿过程中应当设立听证程序，并对听证程序的构建提出了自己的几 点设想。 关键词：房屋征收，房屋补偿，行政听证，房屋拆迁 DISCUSSION ON THE ESTABLISHMENT OF HEARING PROCEDURES ON HOUSING EXPROPRIATION AND COMPENSATION IN CHINA ABSTRACT Earlier this year, the State Council promulgated the regulation on Expropriation Compensation on the Houses Which Are Built on State-owned Land. Housing expropriation thus becomes a hot topic. China’s administrative hearing system, which was firstly stipulated in Administrative Penalty Law in 1996 and then established in legal system, is now widespread in all administrative areas. The aim of this article is to raise some assumptions on the establishment of hearing systems in Shanghai Implementation Rules on Housing Expropriation Compensation which is still in the process of discussion and formulation through the analysis on the case from the Housing Real Estate Authority on the hearing on administrative mandatory relocation in 2009. This article is structured in 4 sections: Chapter one: basic theory on housing expropriation compensation. The statement on what is administrative expropriation and its features is included in this article and further this article describe the legal basis on expropriation of housing which is built on state-owned land and compensation on such expropriation. Housing relocation and housing expropriation are compared in this article and analysis on the difference on these two and point out the links also. Chapter two: basic theory on administrative hearing system. Administrative hearing system is a foreign system and this article describes the historical evolution of the administrative hearing system and the relevant laws and regulations in China after it is imported into China. Analysis on the basic principles, functions and application scopes of the administrative hearing system is made in this article. Chapter three: discussion on the hearing system on housing