The Resarch Of Legal Regulation On Urban Housing Removal

With the accelerating process of urbanization, economic development and accelerate the pace of living, making more frequent house demolition. Urban house demolition as I can not ignore the country's modernization process, a hot issue. The same time as China's political and economic reform in depth, steady progress in building a harmonious society, exposed to house demolition in becoming ever more acute contradictions and disputes. Until 2004, like spring thunder, respect for and protection of human rights, protection of private property rights into the Constitution, in the pursuit of urban and rural development of the scientific development concept and idea of fairness and justice of the socialist harmonious process, "Property Law" promulgated, "Land Management Law "The changes are under way, in practice," Urban Housing Demolition Management Regulations "has been criticized even more, which asked us to call some of the contradictions of the legal system, urban house demolition for a deeper study and change.Of this paper, demolition of existing regulation problems and missing from the Constitution, legal, administrative law and administrative procedural law point of view of theoretical and empirical analysis, and learn from foreign-related legal system to propose appropriate measures, hoping to urban housing in China Removal System help.Demolition by the city involved in many regulatory issues, this article from the practice are concentrated in four regulatory issues to prove: the first part from the legal and constitutional point of view to prove the nature of urban housing demolition and legitimacy of the point - "public interest"; and the "public interest" in the definition of such basic problems; second part of the Urban Housing Removal Procedure Regulation, from due process to start, to discuss the demolition of the existing urban housing problems in procedures, such as lack of hearing procedures relative to participate in the program , forced relocation is not legality, and to draw on foreign experience Program on Chinese cities Legislation recommendations. The third part is the practice of dispute from the demolition of contradictions where the most concentrated relocation compensation regulations and to discuss problems, such as the scope of compensation standard, compensation and valuation procedures established. Order to create conducive to protecting the legitimate rights and interests of the demolition process system. The fourth part of the demolition of the legal nature of the relationship, given its location further from the practice of relief regulation of the status quo, from a variety of relief measures on the line of judicial review and expand the channels for relief, strengthening the judicial remedy for the Improvement of the house demolition relief regulations, to resolve disputes that arise during the demolition conflict to fully protect the legitimate rights and interests be removed and relocated.