A Study On Several Legal Issues Of The System Of Urban Housing Expropriation

With the acceleration of urbanization, the government needs to remove the buildings which are not in conformity with the city planning to adjust and perfect the urban function,and the system of urban housing dismantlement also is generated. However, with the large-scale urban sprawl and the transformation of the old town, the contradictory of the urban housing dismantlement also attracts more and more attention. The urban housing dismantlement relationship involves the multiple interests of the Government, developers, the people who are evicted, the demolishing implementation units. The demolition not only relates to the immediate interests of the relocates, but also involves the government image, the government credibility and national interests. The demolishing system plays an important role in balancing the interests of all parties, avoiding conflicts, and promoting the harmonious development of the city. As the perspective of the new demolition ordinance, this paper analyzes the problems of the original demolition system, constructs the game model of the interaction of the Government, developers, the people who are evicted, provides theoretical support and policy Suggestions for the Government to promote the urban housing demolition. Its main content includes three aspects:1. The situation overview. At first it describes the background of the new regulations, from the 1990`s regulations of Demolition and Removal with Chinese characteristics, to the introduce of Regulations on the Expropriation of Houses on State-owned Land and Compensation Therefore which experience 3 years taking the amendment of constitution in 2004 and the introduce of the property law in 2007 as the opportunity. During these time China's system of Demolition and Removal are gradually improved. However, problems with the former system still deserve attention. This article analysises from two aspects ,the demolition and removal legislation and specific administrative actions such as demolition and removal permit, administrative rulings, and also problem exist in legislative issues in: public demolitions and removal and business demolition and removal didn't add differentiate, the government functional dislocation ,abuse demolition and removal etc; The dismantlement and removal licensing problems: unqualified subject certificate, not provided to violate the material isn't all but illegal issuance, etc.; Administrative rulings injustice etc.2. Interest game analysis. First of all, this paper builds a demolition and removal game model of main body behavior for all parties in the city concerned, puts forward hypothesis premise, game elements, game process and game balance, and point out the weakness of the people being demolited and removed and the mighty of the government and developers; Secondly, this paper detailed analysises the complex relationship of the all parties concerned interests , basing on the game theory further with the interests of all parties as the breakthrough point, and then reveals the causes of demolition and removal contradictions at last.3. Policy Suggestions. Aiming at the problems exist in the former systems of demolition and removal system in , based on the former gaming theory study, combining with the new regulations, this article puts forward some policy proposals like standardize administrative power, commercial demolition and removal legislation, perfecting the hearing system. Such as regulating administrative power of demolished buildings should begin from clarifying government's authority and regularize the behavior in demolition and removal ; Making up the breaches of Commercial demolition legislation begins from legislative model system construction and system construction; Perfecting hearing system begins from such aspects as city planning hearings and the dismantlement permit hearings and the house dismantlement compensation price hearings and the demolition hearings.