Abstract:

In order to solve the problems caused by the institutional and political differences between the city’s housing relocation and the country’s land acquisition in the course of real estate relocation and acquisition, this paper, using the systematic analysis method based on ethnics and nomology, explored the laws of real estate relocation and acquisition management between the city and the country in China respectively. The results indicate that (1)the major questions in Chinese real estate relocation and acquisition legal system are the weakening of the subject of collective land ownership, inconsistent compensation between urban and rural real estate relocation and acquisition, inadequate foundation of the acquisition of public purpose, the lack of theoretical foundation of compensation standard and the lack of legal redressing in the course of acquisition and compensation and so on; (2)Chinese property legal systems provide a solid legal basis, an identical compensation standard and a practical basis for a uniform construction of real estate relocation and acquisition between city and countryside; (3) through the improvement of the structure and nature of properties power, the reform of regulation and laws of the procedure of real estate relocation and acquisition, a unified system of real estate relocation and acquisition could be set up to guarantee the key benefit of the person whose property is expropriated, and systematically help dissolve the conflict and problems in expropriation.