| The society is making progress, the city is developing , then the old castle town would be transformed, the new town would be developed. Urbanization is in fast development, house in danger or old house and the house does not conform to the urban planning in the cities, are inevitably be demolished. However, because of replacement and compensation , the litigants can not reach the agreement is common.There are two kinds of compulsory demolition, one is judicial, and the other is administrative. The first one needs the demolition litigants to achieve a agreement of placement and compensation, while the human relocated break the agreement, the other litigant is possible to make a lawsuit, then the court can implement compulsory demolition. Administrative compulsory demolition is arising from a administrative ruling which the litigant applied for in the case that the litigants can not achieve any agreement. Because of administrative compulsory demolition is compulsive and complicated, we just take this kind into consideration.The only substantive premise or objective premise of compulsory demolition should be "public interest", and the unit to implement should be strictly qualified by court or government. Besides, compulsory demolition should also possess its own strict procedure and reasonable compensation principle. Any behavior that against those rules is illegal. However, it is common because of many factors in reality.The arising of illegal compulsory demolition, both lies in the internal mechanism and external carrying out. To regulate compulsory demolition, we should solve the problem both internal and external, and meanwhile, we also need the government and the citizens' cooperation. Only do this, can we realized harmonious demolition and harmonious society. |
