| Urban housing demolition, with urban construction and development, contributes to the improvement of people's living conditions and the city's prosperity and development, which is favourable thing to the country and people. However, house demolition is a complicated systematic project, involving government, the masses, and construction units, developers and other interests. if handled improperly, it will inevitably cause contradictions and disputes, or even cause serious social problem. In fact this situation has occurred in China.In the process of urban housing demolition, we do not distinguish between nonprofit and commercial demolition of the demolition. the imperfect substantive rules in reality, the serious shortage of rules of procedure, and so is weakness that hampered China's urban housing demolition of the healthy development. For the main interests of diversity and the contradictions and disputes in urban housing demolition, we will be inevitably biased, if we analysis from only single-entity law. The impartiality of procedures can promote he impartiality of the entities mostly. No just procedures, the substantive law will not be convinced. Only payed attention to the procedure, can urban housing demolition be proceeded smoothly. the legal rights and interests of citizens be better protected.The public welfare urban housing demolition is the activity that country demolishes state-owned land's house for the public interest need and gives the reasonable compensation for some people who have the house demolished according to the legal proceedings. The property collection behavior and the property rights protected legally exists contradiction and the conflict in the public welfare urban housing demolition. The public interest's validity as well as the public sense of purpose not only successfully disappears this kind of contradiction and the conflict, but also becomes the basic standard whether legal or not and the important measure prevents power is abused. Therefore, The confirmed process of the public interest should be integrated in fully the idea of right procedure, the procedure validity results in the result validity. The procedure of the public welfare urban housing is refers to the way, step, order and time which administrative organ must follow for the public interest need, when administrative organ is demolishing the house. the just procedure become the foundation of the administrative procedure because of the justness. The procedure of the public welfare urban housing demolition includes the massive administrative action's administrative procedure, which must take the right procedure and the human rights protection as the rationale for the justness of the procedure, the standard of administrative action, the legitimate rights and interests, of people. According to the above, The principle of the public welfare urban housing demolition includes legitimate principle, principle of democracy, fair principle and efficiency principle. They pass through and instruct the process of the public welfare urban housing demolition.It is helpful to understood procedure stipulated of some national for reconsidering and perfecting the procedure of the public welfare urban housing demolition, when procedural law is imperfect and correlation theories is immature in our country. Looking the concerned requirements and the system of the procedure of the public welfare urban housing demolition from French, Japanese, German, American as well as Hong Kong area in our country, the procedure of the public welfare urban housing demolition includes four stages, which are the confirmation of public goal, the determination of collection scope's, the determination of loss compensation amount, the complement of land-levying demolition and so on, Although various countries (area) have the trifle difference form. These countries have stipulated the procedures of application, announcement, notice, ruling and stressed public, transparent, participation, consultation and so on. Farther, provided the judicial relief to the dispute of the public goal and the demolition compensation.According to the legislation of procedure of the public welfare urban housing demolition and the fundamental research analysis as well as the legal system analysis, The procedure of the public welfare urban housing demolition in our country exists the following question: The legislation of procedure is insufficient seriously. The recognized procedure of the public goal isn't included in. The procedure lacks the public to participate in. The procedure lacks the voluntary consultative mechanism. The judicial relief procedure is lag and insufficient. The procedure lacks the perfecd executive routine. in view of these insufficiencies, The suggestion was given: 1 .we establishes the recognized procedure of the public welfare urban housing demolition, stopping operating in private . The public interest is prerequisite. The author suggested that the public goal should be applied by the demolition adminastrative section in the local people's government, after the application of basic construction items, construction land plan and right of using state-owned land are authoried. The Department responsible for the work should use the hearing procedure to make the demolition permission examination decision. 2. perfecting the procedure of public to participate in and increasing the transparency. the core of participating for the public is the open hearing, it mainly includes the demolition permission examination hearing, the demolition administration ruling hearing before accepting application, the as well as the hearing of the administration compulsion demolition. the author mainly puts forward the related proposal on the concrete hearing programming. 3. perfecting compensation procedure of the civic building public welfare demolition to realize the just compensation. Mainly beginning from the following several aspects: The establishment special real estate appraisal organization, signing the compensation placement agreement through widely hearing as well as the voluntary consultative mechanism. After the house demolition compensation placement plan was determined, any side may apply to appraise once more on the compensation amount dispute in the legal time. 4. perfecting the judicature relief procedure of the civic building public welfare demolition, maintaining the legitimate rights and interests of the person relocated well earnestly. The author suggested that best means of settling the limitation of the demolition compensation placement judicature relief is revising present laws and regulations of "urban housing demolition act of administration" and so on, abolishing the administration ruling system of house public welfare demolition compensation placement, settling the dispute of demolition compensation placement by the court. The valid examination related goal of house public welfare demolition may carry on sets up in the special Arbitration committee in the court, when the condition is permitted. 5. stricting the procedure enforced of civic building public welfare demolition. Mainly including the hearing procedure, the preserving evidence as well as the noticed items.Is is very important to defend the citizen legitimate rights and interests meaning and regulate administrative organ administrative action, when the scientfic and reasonable programming of the civic building public welfare demolition is settled. At present the procedure of civic building public welfare demolition still had many flaws inour country, it needs to be consummated. The perfect plan should have strongly take this operational as a principle. |
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