国有土地上房屋征收程序失范与制度构建

Procedure Anomie and System Construction on Expropriation of Houses on State-owned Land

因制度安排欠妥导致国有土地上房屋征收缺乏事前参与、事中合理审查、事后监督等运行机制,无法有效规制征收行为。为防止行政机关滥用职权,需扩大公众事前参与途径和深度,在旧城区改建中引入司法审查裁决机制,通过法律赋予原房屋所有权人回购权,以有效制衡国家权力。

The inappropriate system arrangement makes the expropriation of houses on state-owned land lack of participation in advance, reasonable review in progress, and supervision after that, which results in ineffective regulation of expropriation. In order to prevent the administrative department from abusing of authority, it is necessary to deeply expand the channels for public participation in advance, to introduce both judicial review system and ruling system in the old city, and to effectively balance the state power through giving repurchase right to the original owner of the house by law.