The Lack Of The Legal System Of China's Urban Housing Demolition And Improvement

The system of house removal which is built on the base of the separation of house ownership right from land ownership right is an important part of the national real estate and city construction system. It is a system in which the remover demolishs the current houses of the removee in the national city-planned region under the approval of relevant administrations of government because of the development of city construction and compensate as well as arrange for the removee .The people who gets the licence of house removal is called remover,while the owner of the removed house is called removee.As it refers to social public interest and privacy protection ,the problem of city house removal has always been receiving concerns from all work of life as a sensitive and social problem.The purpose of house removing is to acquire the land ownership of the removed house to reexploit the land .The nature of house removal is a kind of expropriation of civic house (private property),and thus it has a sense of public goodness (This paper primarily talks about the public relationship of house removal system,,while the private relationship of house removal that is a pure relationship of civic laws to which civic law and the law of civic legitation is applied is not the focus),The process of house removal is based on the permissive removal decision of administrative main body ,and completed through a series of administrative acts or civic case acts led under it .So how to standard the actions of administration of house removal and how to safeguard the legal interests of persons concerned effectively become a concern .This dissertation has introduced the newest fruits of law field ,trying to analyze the system of house removal from a rational angle ,finding the existing problems and reasons ,and it puts forward the concrete measures to perfect this system,thus to guard the present movement of house removal .Therefore ,the government could keep pace with the time ,refresh the administrative thoughts ,introduce scientific and humane mechanism,remove the house in a sensible way ,and construct a civilized modern city through a national and responsible attitude ,which could all be used to wipe off theviolent removing actions from the city house removal system ,to make sure that every civilian's human right is well respected and safeguarded ,and realize the accomplishment of social > governmental > and public benefits .This paper consists of three parts .The first part introduces the history of the current national house removal system.Then has a brirf analyzing of the legal feature and property of house removal :that is the public goodness of house removal;City house removal is an act of managing land in a intersive way ,which blends the relationship of both administrative ,system and civic case system and has a forceful property of time .At last , it elaborates on the basic theory of city house removal .The second part emphasizes on the deficits of our national system of house removal and the reasons in the process of legislation, management and enforcement .The third part poses some advice for the pefection of house removal system in order to standardize the removal and make sure the main administrative departments to enforce relating duties correctly in the removal actions:the first is to formulate the house removal management system and the house removal arrangement system ,the second is to make clear the duties of administrations of house removal and standardize the removal process;and the third is to enforce the administrative investigation on the house removal cases .