The Administrative Protection Of Citizens' Private Property In The Urban Housing Demolition

In the process of social development in recent years, the urban housing demolition sports that are called "the greatest popular project" led to more irreconcilable violence of demolition. Violence against the urban housing demolition is staged continuously. So we have to understand the urban housing demolition deeply.The urban housing demolition is not a simple act of administrative law, nor is it purely a civil legal act, but a complex legal act of the administrative legal act and civil legal act mixed. Due to the defects in the relevant legislation, lack of judicial guarantees, government authority intervening excessively in the urban housing demolition, the relevant conflict of interests in the urban housing demolition, the violence of demolition and self-immolation events occurred one after another. It becomes the focus in the process of the urban housing demolition. It also becomes an important factor in causing social instability. So how to resolve the various contradictions in the urban housing demolition and to protect the citizens'legal rights in the farthest? This is the problem that people concerned generally. The private property rights of citizens may be subject to violations of the following two aspects: from the relatively civil activities against human and from government abuse of administrative power. Therefore, the protection of the citizens'private property shall study comprehensively from the perspective of private law and public law. The article focuses on the protection of the citizens'private property from the administrative law angle in urban housing demolition.The article consists of four parts. The third part and the fourth part is the focus of the paper.The first part mainly outlines the urban housing demolition and the citizens'private property. There are three main aspects. First, my paper proposes the definition of legislative concept and nature in the urban housing demolition. Second, the citizens'private property defined in the urban housing demolition. Last, the significance in the administrative protection of the citizens'private property.The second part mainly expounds the administrative protection status to citizen's private property in the urban housing demolition in China. First, it expounds the conservation status of administrative law in the urban housing demolition on the citizens'private property. Second, being implemented Administrative regulations and departmental rules concerned the citizens'private property in the urban housing demolition. Third, being implemented other legal basis on the protection of the citizens'private property in the urban housing demolition. The third part describes some of the major administrative law system deficiencies in urban housing demolition to protect private property of citizens. There are seven major issues: first, the ambiguity of the concept of public interest. To study the protection of private property of citizens, they must have a clear understanding of the public interest. But so far, the concept of public interest is still lacking a clear and authoritative explanation in our country and the world. It is the law in a case of "uncertain legal concepts." Second, the public and commercial demolition confused. There is no clear distinction between public and commercial demolition in the"Demolition Management Regulations". Two kinds of behavior that is different from nature to be adjusted by a legal system. Third, the urban housing demolition permits decision problems. First, information is not public. The citizens have been relocated. They do not have access to get the sources of information that closely related to their property. Second, there is lack of supervision of funds. Fourth, there are compensation problems in the urban housing demolition. First, there is no established principle of relocation compensation. Demolishes are compensated by the narrow scope. The urban housing demolition can not adequately protect citizens'private property.Further there are problems when determining the amount of compensation on the basis of compensation standard in the housing demolition. Finally the method of compensation can not fully be relocated to meet the needs of people's lives. Fifth, there are problems on administrative decisions in the urban housing demolition. First, the subjects are uncrowned. Followed, there is faultiness in the hearing procedure. Sixth, the administrative enforcement exist problems in the urban housing demolition. The first is the main body of forced evictions who is unknown. Followed the procedures and means of forced demolition is not specified. Seventh, the government functions and dislocation caused conflict of interest. Chinese governments at all levels have only been granted for the exercise of the power of social management. The Government can not operate the identity emerging markets. However, part of the government and its leaders under the guidance of the concept of the government-run make the government as both the managers and the operators of the market. The forth part focuses primarily on administrative law to protect private property of citizens in the improvement of the system in the urban housing demolition. First, accelerate the legislative process in the housing demolition. In order to prevent the demolition of violence tragedy from happening again, the Government should accelerate the formulation of "Housing collection and compensation" legislation to ease the sharp contradiction between the demolitions. Second, Defined connotation and extension of the public interest. Third, further clarify the purpose of the urban housing demolition. The commercial demolition must be separated from the urban housing demolition in The "Housing the collection and compensation" legislation clearly. "The collection of housing and compensation" adjust the target for the public welfare demolition. The parties shall be equal in the Commercial demolition. The conduct of the parties should be regulated on the basis of the relevant provisions of civil legal norms. Fourth, improve the urban housing demolition compensation system. First of all, make compensation principles and compensation for the main body clear in urban housing demolition. Second, expand the compensation coverage of the urban housing demolition. Further, increase in relocation compensation standards and improve the housing assessment mechanism. Finally, increase the diversity of demolition method of compensation, focusing on being levied to provide employment and daily Compensation of life. Fifth, strengthen the private property of citizens of the procedural safeguards. First, in the relocation decision-making stage, the decision should be made public housing demolition information. Listen to public views and expert opinions on specific issues to demonstrate the demolition hearing on the relocation compensation funds to establish a special monitoring mechanism. Followed by complete demolition of the dispute settlement mechanism; Moreover, in the forced demolition phase, clearly administrative compulsory demolition of the demolition is only applicable to public service and further refinement, "jurisprudence" on the application of administrative hearings before the forced evictions of the relevant provisions. Sixth, specific government functions. Urban Housing Demolition should always represent the Government in the public interest. The government could use the public power in order to carry out compulsory acquisition. The people were relocated to private property to conduct the necessary restrictions and deprivation for the public interest require. The Government should also draw away from business relocation out of to limit the government in commercial demolition of the abuse of power.This paper focuses on administrative law to protect the citizens'private property in the urban housing demolition. There are system deficiencies of administrative law to protect private property of citizens and the system should be improved.