The Study On The Demolition System Of Civic Housing

The Demolition of the Civic House System is a specific legal system in China, which meas demolishing the houses on the state-owned land in the city programming areas, settling the owners or the users of the houses, and compensating them in finance. This system derives from the separation of the properth and the right of using the land in China.The Demolition of the Civic House System is the levy of the private property in nature. The precondition is to compensate the owners in finance. Just because the compensation is out of phase, owners'legitimate rights and interests can't be guaranteed. In practice many agonizing incidents about that took place.The Demolition of the Civic House System is in dispute and becomes the most complicated system in such aspects as the defination of public interests, the demolition procedure, the demolition compensation and the ex-post relief.This thesis suggests defining public interests from lesislation and lists the public interests in details to avoid abusing the public interests in pratice.In the demolition procedure this thesis suggests introducing the demolition hearing of witness procedure, imporving the appraisal procedure and standardizing the constraint demolition procedure.In the demolition compensation this thesis suggests establishing the compensation hearing of witness procedure, formulaing rational demolition criterion and appraisal programmes, and protecting the owners'legitimate rights and interests.In the ex-post relief this thesis suggests further developing the superiority of administrative justice relief, channelling civic litigation and enlarging the right of judicature alteration to further restrain administrative actions.