| Dismantlement and removal of housing arise with the development of city's construction, it has an effect of eliminating private right in essential, which condition upon a relative compensation to the owner. Such compensation system is specified by related law in those capitalistic countries. In china, however, the constitution provide that the state own the urban land; based on this provision, the right of using land without being given compensation while dismantling and removing house. With the concern of strengthening the right of using the land, the issue that how to establish and improve the compensation legal system in the context of dismantling and removing house, especially the issue involved in the compensation of the right of using the land, is getting much significant. Therefore, establishing a more rational legal system of compensation either in the substantive aspect or in the procedure is an arduous task with much significance for all those scholars and legislators.This thesis has four chapters in general. The first chapter mainly deals with the basic theory of the compensation system in dismantlement and removal of houses with the focus on the legal attribute of administrative compensation in the regard of dismantling and removing compensation. The second chapter' discussion lies on the basis of dismantling and removing compensation either in theory or in the law. The analysis in connection with the relationship between the taking and compensation and the legal elements of dismantling and removing compensation are extensively discussed in this section. The third and forth chapters are the core of this thesis. Following a analysis approach of presenting problems and suggesting strategies, with respect to such issues as lack of law, vague premise as well as no universal standard, this section' discussion make the suggestion of legislative strategies, in which include defining the concept of "public purpose", establishing a compensation for taking the right of using the land. |
