我国房屋征收补偿标准的法经济学分析

为解决涉司法拆迁的难题,立法上确立了公平补偿原则.但是法律原则在适用上的局限性,以及国内房屋拆迁的复杂性,都迫切需求一个明确的适用标准.本文以法经济学的视角,借以科斯定理分析拆迁模式,通过激励机制回应法律的规范性,利用市场法则对比域外补偿标准,以科学的计算方法得出补偿公式,最后结合实例提出相对应的完善建议.

Law and Economics Analysis of Compensation Standard of Building Levy in China --Illustrated by Building Expropriation of One Western Grass -court from 2010 to 2013

The Supreme People＇s Court issued the Provisions on Dealing with Problems Relating to Cases of Applying to People＇ s Court for Enforcement of the Expropriation of Buildings on State - Owned Land and Compensation Decision in April 9th, 2012 （hereafter referred to as the Provisions）. The Provisions made a concrete norm to the people＇s court＇s handling of non -lawsuit administrative cases. According to it, if the decision of expropriation compensation does not conform to the principle of fair compensation obviously, seriously damages legitimate rights and interests of the person subjected to execution or renders the person to lose basic living security and conditions for production and operation, the court shall not rule to grant execution. Despite of the establishment of the principle of fair compensation relating to judicial expropriation of housing demolition, generally speaking, legal principles cannot apply to case judgment and execution directly. To make them play an actual role, clear and applicable legal regulations and standards have to be made accordingly. Therefore, there＇s practical significance to define scientific and reasonable standards of expropriation compensation.