论我国房地产征收法律适用问题及其破解

On the Problem of China's Law-adaptable Real Estate Acquisition and Its Solution

房地产征收法律适用是我国亟待破解的法律问题之一。目前,我国房地产征收法律适用存在的问题表现在:一是土地与房屋征收适用不同法律规定;二是国有土地上房屋与农民集体土地上房屋征收适用不同法律规定。这不仅造成法律适用的复杂与繁琐,而且产生征收补偿不公平和引发社会极端事件。破解的思路可以分二步:第一步,扩大《国有土地上房屋征收与补偿条例》适用范围至全国所有房屋征收;第二步,制定适用全国范围统一的"房地产征收法",从征收目的、征收补偿和征收程序三个方面健全房地产征收法律制度。

The law-adaptable real estate acquisition is one of legal issues which must be tackled in our country. At present, the problems include two aspects. First, the acquisition of land and house are adapted to different laws.Secondly, the acquisition of house built on the state-owned land or on the Farmers ' collective land applicate different laws. That does not only make the law application complex and cumbersome, but also generates unfair compensation for acquisition, and leads to social extreme events. The problems can be cracked by two steps:first, expanding the scope of ‘ Requisition and Compensation Ordinance of Housing on State-owned Land ' to all the country's house acquisition, secondly, drawing up the ‘Real Estate Acquisition Act' which can be applicable nationwide, so as to improve the real estate acquisition legal system composed of acquisition purposes,acquisition compensation and acquisition procedures.