On The Balance Between Public Power And Private Rights In The Publc Expropration

In recent years, housing has become the most talked-about topics. Such as housing demolition, high housing prices and so on. Housing, the basic requirements of life, has gradually become a luxury. Especially because of the rapid economic development and the accelerating urbanization process, the housing demolition has become more and more common. Housing issues relate to people's basic life, which exposes increasing prominent problems. These problems trigger numerous conflicts, and also lead to the contest between public power and private rights.There have been many cases of house demolition in China. Although someone refuses to move stubbornly, someone burns oneself to resist housing demolition. But in the end, without exception, those people become the victims of the demolition. Private rights become very weak in the face of the powerful public power. So how to balance the public power and private rights, and protect citizen's legitimate rights without prejudicing to the normal operation of public authority, has become the key to solving this problem? In order to solve the contradictions of House demolition, scholars have suggested the Legislative Affairs Office to modify ordinances. Soon, the law of housing imposition and compensation on the State-owned land has been modified. After twice collection of public consultation in 2010, and finally in January 21, 2011,"The housing imposition and compensation on state-owned land ordinance"has promulgated. The Ordinance has significant progress in many areas, such as defining "public interest", providing the hearing procedures, compensation scope, administrative appeals and litigation and other remedies of compensation for expropriation, cancelling the administrative demolitions, and so on. There had been substantial progress in the entities and procedural regulations. But in this regulation, there are still many problems; some are still not fundamentally resolved. Therefore, by way of discussing the causes of public demolition confliction, and the defect of the new regulation, this article is aim to elaborate how to balance the contradiction between public power and private rights, and give some suggestions of the new "Regulations". The purpose of this article is protecting legitimate rights of citizens, at the same time, taking into account the development of urban public building.