房屋征收中的国有土地使用权补偿问题探究

On Compensation for the State-owned Land Use Right in Urban Housing Expropriation

基于房屋与国有土地的密切关联,房屋征收必然涉及国有土地使用权的收回及重新安排。国有土地使用权是房屋所有人的一项重要财产权利,房屋所有人在购买房屋时已经支付了相应的土地使用权费用。《宪法》、《物权法》及其他相关法律法规规定了对土地使用权收回的补偿,因此,房屋被征收时,房屋所有人有权获得对国有土地使用权的公正、合理补偿。

Urban housing expropriation will certainly involve withdrawing and rearranging of relevant state--owned land use right, due to the intimately relationship between housing and land owned by the state. Right of using state--owned land is an important part of real estate for the owner who has paid the price for using relevant land when s/he purchased the housing. And the Constitution, the Real law and relevant laws and regulation~ stipulate the compensation for the land use right when real estate has to be expropriated by the state. Consequently, the owner of the housing has the very right to get fair and reasonable compensation from the state when the housing is expropriated.