Thinking Of The Rights And Interests Of The Public Welfare Of Urban Housing Demolition

In recent years, with the needs of urban construction, housing demolition becomes an indispensable part. Urban housing demolition can be divided into public interests demolition and commercial interests demolition, the theme of this paper's is "Urban Housing Demolition of the public interest," Urban Housing Demolition of the public interest can use the coercive power of the state to demolish some houses for the public interests. This kind of demolishment must obey the relevant laws and the owner of the demolished house should be given reasonable compensation.However, there are many problems and contradictions on the current urban housing demolition of public interest: the confusion between the public interest demolition and commercial interest demolition, the Government's strong stance in the demolition and the unfair distribution of benefits. Even worse, there are some kinds of violence performed in the course of demolition, the violence demolition; these extreme cases are staged every day. These disputes ask think about from both power and interests, which based on "justice" and balance the power of both sides to seek the situation of "harmony demolition".This paper consists of six parts. The first part includes the research content and the meaning of the research, and makes the relevant literature review. The second part states the demolition condition and typical precedent then classify these disputes, to facilitate the analysis below. The third part is the ethical analysis of these dispute by the following aspects: 1. how to define the demolition of public interest; 2. the protection of private property and individual rights and its corresponding obligations to be paid, Premier Wen Jiabao once said: "Fairness and justice is brighter than the sun ", these violent demolition not only violate the rights and interests of individual members of society, but also influence on our moral values of society, fairness and justice should be our pursuit of the value of the whole society, not reduced to a vain hope. The fourth part states the relevant laws of the other countries and areas. The fifth part is the conclusion, is a summary of this article. So, in order to establish a harmonious and orderly development society, we must face these disputes objectively, measure the conflicts between private property and public interest, this paper will not seek the excuse of the "public interest" for the government and will not fall into the absolute protection of the individual rights and interests.