宁波市集体所有土地房屋征收与补偿制度研究——兼论《宁波市征收集体所有土地房屋拆迁条例(修订)》

A Study on the System of Collectively Owned Land and Housing Expropriation and Compensation in Ningbo City and on the Regulations on Expropriation of Collectively Owned Land and Housing Demolition and Relocation in Ningbo City (Revised)

我国当前尚无针对集体土地上房屋征收与补偿工作的专门立法,司法实践涉及到此类问题时的通常做法是以地方立法为基准、并参照《国有土地上房屋征收与补偿条例》进行处理。但无论是在征收补偿标准、还是征收程序等方面,二者都存在着实质的差别,因此笔者认为针对集体土地上房屋征收与补偿应出台专门立法以指导下位法的规范。鉴于宁波市集体所有土地房屋拆迁条例的立法年代久远、存在问题突出,本文以宁波市集体所有土地房屋征收与补偿制度的立法为视角,因地制宜的分析探索宁波集体土地上房屋征收工作存在的不足之处,再结合各地的相关立法,以比较的视角探索宁波市集体土地上房屋征收补偿立法的修订方向。

At present, there is no special legislation for the expropriation and compensation of houses on col-lective land in China, and the common practice in judicial practice is to take local legislation as the benchmark and refer to the Regulations on the Expropriation and Compensation of Houses on State-owned Land. However, there are substantial differences between the two in terms of expro-priation and compensation standards and expropriation procedures, so the author believes that special legislation should be introduced for the expropriation and compensation of houses on col-lective land to guide the regulation of the subordinate law. In view of the old age and problems of the legislation on the demolition of houses on collective land in Ningbo, this paper takes the legisla-tion on the expropriation and compensation system of houses on collective land in Ningbo as a per-spective, analyzes and explores the shortcomings of the expropriation of houses on collective land in Ningbo in accordance with local conditions, and then explores the direction of the revision of the legislation on the expropriation and compensation of houses on collective land in Ningbo in a com-parative perspective by combining the relevant legislation of other places. The study also explores the direction of amending the legislation on compensation for housing expropriation on collective land in Ningbo from a comparative perspective.