The Theory Of Compensation For Demolition

compensation for removal is an unavoidable and important part in our country's urbanization process,in order to pursue the development of urbanization and modern construction, no matter the compensation is for public profit or commercial profit,it will be good for the social progress and social development from the whole prospective.however, in recent years.thereare so many kinds of conflicts and contradictions happened during the removal compensation,it arouses all kinds of social issues,all these kinds of "removal pain "urges us to think about the hiding reasons behind it. through the thorough inquiry of the related law and policy about our country's removal,and compare it with the foreign related removal law system and institution,the author considered the main reason about the removal pain is that the related basic problems of law in all kinds of law documents's rules haven't been broken through.for example,as to the basic principles of removal compensation,the standard and the scope of removal compensation,the designing of removal compensation procedure,and if the government or developer cannt reach an agreement about removal compensation,how do the relocation households get their protection?all of these questions haven't changed with the development of social economy,many compensation standards haven't substantially revised with the development,it leads to that the removal compensation problems haven't been suitablely implement.so,this article is going to targeting on the removal compensation,analyzing the reasons which aroused the removal conflicts and contradictions,from the perspective of legislation,the level of system planning and the angle of solving the problems we have confronted in the practice of removal compensation,giving some advice about how to complete our removal compensation system.The substance of the demolition is an administrative charge should act, but in our current system, the demolition did not distinguish between the premise of whether the public interest, the behavior is imposed alienation. Demolition of the existing system of property rights protection exists in the law of inequality, demolition permission settings do not fully protect the rights of citizens, removal system and property rights system contradict the premise of the demolition of the public interest is not clear, the expansion of government power and functions of the vacancy, executive powers of local legislation, undue restrictions on civil rights, housing assessment difficult to achieve a fair, timely and effective relief program can not solve the problem of relocation disputes. Demolition of the institutional problems mainly because of the authority of the Constitution has not been established, the executive power without effective constraints, too much emphasis on protection of civil rights resulting in the disregard of private rights. Institutional problems can only be achieved through the reconstruction of the system. Therefore, legislation must be unified to develop an urban housing demolition method, straighten out the relationship between a variety of legal norms, the distinction between good public demolition and removal of non-public, limit the local legislative authority; the same time through the relevant systems are perfect, the demolition of public participation and supervision, limit the exercise of executive powers to ensure public supervision of the government; by changing the demolition of the administrative assessment of the tendency to make a fair assessment of forensic capabilities are fully exploited; broaden the demolition of the way of relief, the distinction between civil remedies and administrative remedies to strengthen the review of the reasonableness of conduct demolition, relocation assistance to achieve a just, so that the interests of all housing demolition in the city equal maintenance.Therefore, this paper relocation compensation for the object of the reasons causing the demolition compensation disputes, from the legislative level, the system design level and solve our relocation compensation and the problems encountered in practice point of view, the perfect relocation compensation system recommendations.