Research on Compensation Objects and Standards for Housing Expropriation on the Collective-owned Land

Article 48 of Land Management Law stipulates the principles and methods of compensation for housing expropriation on the collective-owned land, but it does not specify the compensation objects and standards, on which only some provinces and municipalities have made relevant regulations. However, problems such as insufficient legislative authority, confusion in the identification standards of compensation objects, and unreasonable compensation standards lie in these laws. Therefore, administrative regulations need to be formulated to unify compensation objects and calculation methods of compensation standards. The compensation targets are limited to members of collective economic organizations stipulated in the legislation. The compensation for resettlement housing should be based on the recognition of the legal homestead area limited by one household, and at the same time, the minimum and maximum standards for the per capita resettlement housing area within one household should be determined to ensure the living conditions of the compensated person. The monetary compensation standard should be based on the market evaluation to safeguard the holders’ property rights.