我国城市房屋征收补偿问题研究——以《国有土地上房屋征收与补偿条例》为视角.docxVIP

优势，对其他几个问题也给出了自己的见解。 在论文的结语部分，作者指出，新征收条例对补偿的规定固然有许多不完善 之处，但它所体现出的立法理念的转变和模式设计的变革，是对我国征收补偿制 度改革的一次有益尝试和完善，同时也是我国城市化进程步入良性运行和发展的 一个契机。本文旨在对构建中国特色征收补偿制度提出完善建议，希望为地方相 关立法和征收补偿实践贡献一己之力。 关键词：房屋征收；补偿合同；土地使用权；公共利益 Abstract House expropriation on the state-owned land is an exclusive institution in China.Ordinance of House Expropriation and Compensation on the state-owned land was promulgated,the old ordinance was denounced meanwhile.As the new ordinance sets,subject of house expropriation and compensation is changed to be the government instead of units with permission.Changing of subject brings series of matter to be solved,for example,What is the contract about compensation for house expropriation in nature?Is the contract a civil contract or administrative contract?How to define the subject of the contract in practice?How the real estate market assess price reflects the land usufruct compensation?What is the drawbacks of the compensation way in the ordinance?Research on this task in our country is not sufficiency,and goverments can not operate well in practice.With contrasting to the old ordinance,the writer takes a series of case about house expropriation and compensation system in the new ordinance in the thesis,analysing problems brought by the house expropriation.I finished the thesis with guidance of professor Liujun. In the first part of the thesis,the writer gives a summary about house expropriation and compensation.,with analysing the difference between house expropriation and administration expropriation,the writer gives a conclusion about the quality and character of the contact,and gives an initial elucidation.With an emphasis on the character of the contact,the writer gives an conclusion that the contact is civil.It is a foundation for the next parts. In the second part,the writer puts forward of question about compensation of land right of use,defects about currency compensation and property right exchanges, bye way of parenthesis,questions about compensatio