The Plight, Cause And Countermeasure Of Urban Housing Demolition

Because of urban housing demolition relating to the important property interests of the demolished housing owners, and the lack of theoretical guidance as well as the uncertainty of the policy, all this make the disputes of housing demolition occurred repeatedly, even result in violent conflict. Some urban housing demolitions get into trouble and remain standstill.The object of this paper is urban housing demolition. Through synthetic analysis of urban housing demolition practice and state regulation and policy, the paper propose a new institutional system, including that the guidance concept, basic principle, working procedure, compensatory matter and mechanism, dispute settlement and administrative supervision. Then the paper attempt to breakthrough the existing compensatory philosophy, policy and custom of housing demolition, especially to readjust interest structure, in order to establish a brand-new compensatory institution of the urban housing demolition.The paper research on the developing process of housing demolition along with existing regulation and policy, also analysis some questions such as that: the interests of the demolished housing owners' is serious infringed at the process of housing demolition; the inappropriate exertion of administrative power lead to the deficiency of governmental credit; the system of the price evaluation is nominal; the channels of protection and remedy of demolished housing owners' right is scarcity; the housing demolition initiate some social problems; especially to violent conflicts etc. The paper also analyze the causation of the existing problems from some aspects, including theoretical building and the philosophy of housing demolition, the inclination of the two parties—the government and the demolished housing owner, the legislation and policy of housing demolition. Then the paper propose that it should establish a new philosophy centering on the basis of Property Law in order to build a theoretical basis of housing demolition. And the paper suggests that it should strength the housing demolition legislation, which should on the basis of protection the private rights. Some factors that have an important effect on the housing demolition legislation and implementation should be taken into account in the process of urban housing demolition lawmaking, consisting that the establishment of market economy, the change of property right of the urban housing, the different purpose of urban housing demolition etc. Through the economic and jurisprudential analysis, the paper attempt to reconstruct the compensatory structure of the housing demolition. For the compensatory standard that relate to the core issue between two parties, the paper define a compensatory principles involved equal value in the market, protection of the housing rights, compensation of the housing derivative interests, improvement in the condition of the housing difficulties etc. Besides that the paper suggest that the compensatory contents should comprise some aspects: the value of the land use right that occupied by the demolished housing, the value of demolished housing, the income-generating and operational compensation by the demolished housing etc. Preliminary considering, the legislation of housing demolition should center on the construction of a improved compensatory system, regulate the housing demolition behavior and other direct correlative administrative or civil behavior, mostly including: the principles of urban housing demolition; the definition, the determinate department and its purview as well as its dismantled process of public interests program; the definition and dismantled process of the commercial program; the principle, scope and standard of compensation, the price evaluate organization along with its selection and the procedure of evaluation etc; the administrative arbitral organization that settle the dispute and its system, procedure etc; the link with Administrative Reconsideration , Administrative Procedural regime and other special rules, other relevant rights, obligations and legal liability of every subject of legal relationship, including government and corresponding competent department, developers, private housing owners etc. Because the practicalness of urban housing demolition is intense, besides needing the regulation of law, the supervision of housing demolition behavior is also important. So the paper put forward some suggestions from seven aspects to strength the supervisory measures of relevant housing demolition behavior, including enhance the examination of housing demolition qualification; approve the housing demolition admission in accordance with the legal condition and procedure strictly; enhance on-the-scene supervision and ensure the policy implemented; strengthen the regulation of agency housing demolition program and carry out the agency housing demolition commission system; enhance the supervision of compensation and resettlement fees and ensure the special fund for special use; strength the supervision of the compensation and resettlement agreement along with establish the supervision of demolished construction program; enhance the intendance of the units who is in the business of demolishing buildings, improve trade self-discipline, attach importance to supervision of removal evaluation organization and regulate the assessment of demolition behavior etc.