Table 1: Laws and Regulations.
Implementation
Time
Laws and Regulations
2007 Property Law of the PRC
2011
The assessment methods of the
housing levy on the state-owned
land
2012
Provisions on handling a
number of issues in applying to the
people 's court for enforcement of
the case of the housing levy
compensation on the state-owned
land
2020
The housing levy and
compensation ordinance on the
state-owned land
In addition, some domestic scholars have
conducted researches concerning expropriation of
houses, the majority of which mainly study from the
theoretical level like news reports, while literatures in
deeper levels are relatively less. This paper applies
Game theory to analyze the issue and puts forward
corresponding advises based on the analyzed results.
2 LEVIED DISPUTES AND
CAUSES
2.1 The Economic Disputes
The contradictory between the individuals to be
levied and the expropriators playing an important role
in expropriation, is the most prominent in all disputes,
and the impact resulted from it is profound, and even
affect social harmonious and stability (Qiu 2021).
Disputes mainly come from the two sides attempting
to maximize their own benefit through the game
which threatens other’s interests. The individuals to
be levied seek to get excess interests, while the
expropriator hopes to reach the goal with the least
cost.
2.2 Causes Analysis
2.2.1 The Narrow Scope of Compensation
The ordinance provides the scope of expropriation
compensation in China, furthermore, the author
collects compensation information about some
foreign countries. Table 2 lists the compensation
range in several countries (Song 2019).
Table 2: Compensation Range.
Country Range
China
Value of houses, temporary settling-
fees, moving and relocating cost,
compensation for suspension of
production or business
Germany
Value of houses, temporary settling-
fee, cost for rights, operating loss, scrap
value of land, moving cost, cost for
lawyer or experts, hardship grants
Japan
Value of houses, temporary settling-
fee, operating loss, scrap value of land,
moving cost, engineering cost
Canada
Value of houses, temporary settling-
fee, operating loss, market value of land,
loss caused by disturbance, mortgage of
land
Compared with other countries in Table II, the
compensation scope in China, which doesn’t take the
potential loss into consideration, is relatively narrow.
As a consequent, some individuals are not satisfied
with the compensation standards.
2.2.2 Lacking of Participation Echanism for
the Subjects to Be Expropriated
The 10th provision in Ordinance stipulates that: “the
government should conduct feasibility studies on the
compensation scheme and consults with the public,
so as to solicit their opinions, furthermore, the
consultation period is not less than 30 days.”
However, in the actual process, hearings are scarcely
organized, giving rise to low transparent information
about expropriation (Gui 2011). The individuals
know little about levy information in the decision-
making process, such as the levy purpose and
decision-making of the plan as well as compensation
for the price, which causes that the folks’rights to
information and dissent is difficult to be achieved. As
a consequence, the phenomenon that the people
suspect of the compensation and refuse to sign up the
levy agreement generates.
2.2.3 Unreasonable Charge of
Compensation
Lately, with human rights and private rights of
property gradually paid attention, expropriation
becomes one of the most difficult problems that
should be solved. However, in order to get excessive
benefit, some subjects being expropriated boycott
expropriation maliciously, like asking for exorbitant
prices, which leads expropriation can’t proceed