The Law Protection Of The Interest Of The Owner Of The Removed House In City House Removal

With the acceleration of urban citification day after day, housing removal has become the important activity in the city construction and development, but also produces lots of issues. The main reason is the interests among each group in the removal are unbalanced. The house remover and the government are placed in the pre-eminent position, compare with which the owner of the removed house is placed in the minority position. The inequality of the position leads to the inequality of the interest, which make the owner of the removed house suffers the interest loss. Aiming at this kind of phenomenon, this text is divided into three chapters to explain how to enhance the protection of the interest of the owner of the removed house.Chapter I analyzes the groups in the city house removal and the clash of the interest between each group. The groups in the city house removal are the house remover, the owner of the removed house, government departments and the intermediary organizations. Different interest tendency of different group decides the behavior tendency of different group. The real estate development enterprises as the house remover pursue maximizing their interests, and what the government departments pursue is the economic development in the city. Both of them need a common condition that remove the house placed among the program of the removal. So they are incline to stand in the same direction, which will infringe the interest of the owner of the removed house, who is placed in the minority position compares with the real estate development enterprises and the government organizations. They have no choice to decide whether their house would be removed and what they can do only demand reasonable compensation. But the reality is each group tries their best to realize their own interest. So the different interest inclination decides different behavior inclination, and produces interest dispute. How to solve the interest dispute among the three groups, balance their interests has become the issue needs to be solved urgently in the city house removal.Chapter II mainly analyzes the problem of the unbalanced interest of the owner of the removed house. Firstly, on the ground of the regulation on the protection of private legal properties of 2004 Constitution Refining Case and People's Republic of China real estate law (the following shorted for real estate law), analyzes the relevant regulation of regulations on the management of city house removal (the following shorted for regulations), and points out the current system exist disadvantages to the owner of the removed house. Totally, making intention of regulations is more for the sake of guaranteeing the city construction, and neglects the protection of the interest of the owner of the removed house. Even 2004 Constitution refining case and real estate law also regulates expropriating house should be compensated by law, protecting the private legal properties. But this term is too general, and doesn't regulate specifically how to compensate and protect the private legal properties, which leads to difficult to be executed in reality. Moreover, Regulations doesn't regulate removal for the public interest specifically, and the activities of the government in the removal, which makes it possible for the house remover and the government even the intermediary organizations to infringe the interest of the owner of the removed house. Secondly, from the existing problems in removal in reality, analyzes the unbalanced interest of the owner of the removed house. In reality, not only the house remover breaks the law, such as some real estate development enterprises removing the house without the removing license, but also the government departments infringe the interest of the owner of the removed house, such as the government departments expropriating the right to use state-owned land the owner of the removed house enjoys without compensation, and also exists the violation of the governmental right to the private right in applying the removal license, applying governmental judge and removing by force. During removal what does harm badly to the interest of the owner of the removed house is unreasonable evaluation and compensation. The compensation usually doesn't pay another house, which infringes the right of living of the owner of the removed house.Chapterâ…¢mainly illustrates how to protect the interest of the person whose house is removed. Firstly, should establish and perfect relevant laws and rules. First should make regulations on city house removal management as law according to People's Republic of China law making law, treats the expropriated activities of the private house strictly. And should regulate specific measures in the law to make regulations on the protection of the private properties and compensation on expropriation be executed easily in reality; second should definite public interests in law, forbid abusing the name of public interests infringe the interest of the owner of the house; third should note the standard of the compensation on the expropriation of the right to use stated-owned land according to the regulations of real estate law; last, from distinguishing governmental removal from social removal, the making style of the removal agreement, removing by force, base price on the compensation and settlement and judicial supervision of the removal activities and the principals of removal and so on to perfect relevant law. Secondly, should stipulate definitely the removal activities which are divided into commercial interested removal and public interested removal, forbid treat commercial interested removal as public interested removal which infringes the interest of the owner of the removed house. Thirdly, should perfect the evaluated activities in removal. Evaluation is the base of compensation, so should guarantee the justice of evaluated activities from choosing evaluated organization, using evaluated method, supervision and control of evaluation; Fourthly, should perfect the compensation. This text analyzes in the scope of compensation, standard of compensation and principles of compensation, try to compensate the owner of the removed house reasonably, and maintain the legal right of the owner of the removed house; Lastly, encourage government to establish system of subsidy house to solve the difficulty of the low income family in living.In a word, city house removal is unavoidable social phenomenon in economic development. But in city house removal can't pursue city construction and economic development only, should consider more how to protect the private properties of the owner of the removed house and make the owner of the removed house suffer least loss. How to find balanced point within protecting private right and satisfying city construction would be the problem unavoidable and continuously investigated in city house removal.