Urban Housing Demolition Construction Of Due Process

In recent ten years, the social problems caused by the urban housing units frequentlyappear in newspapers, violence demolition is banned repeatedly more than, thedemolition of contradictions seriously affect the construction of harmonious society inchina. In January21,2011, the State Council promulgated "state-owned land on thehousing levy and Compensation Ordinance", many experts and scholars have called the"evil law""management Urban Housing Units Regulations" die in one’s bed, the old andthe new law may effectively alleviate this contradiction. But a administrativeregulations can’t eliminate all kinds of problems existing in our city housing demolitionfundamentally, must reflect from the ideological roots, adhere to social justice andequity, construction of housing units with Chinese characteristics of due process,fundamentally solve various contradictions existing in our city housing demolition.History of western theory of due process, the content is broad and profound. Thedevelopment of China’s housing demolition only dozens of years, the lack of theoreticalguidance of deep, the guiding ideology of western construction of due process ofChina’s housing demolition plays an important reference role, but because of thedifferent national conditions, China’s housing demolition due process constructionproblems than the square complex much, based on national conditions, referencewestern development experience, in the urban housing demolition process must bebased on both physical and procedures, be taken to safeguard the dignity, equalityefficiency as well as the guiding ideology of due process of house demolition.China urban housing demolition of existing procedures mainly exist in thefollowing problems: leading by the government, there is the demolition process and theconcept of human rights conflict, lack of public interest review procedures, the lack ofpublic participation in the program, the lack of compensation program, reasonable thelack of proper forced relocation program, demolition program supervisionaccountability procedures missing. Demolition of housing construction should followthe proper procedure, is conducive to the protection of private property principle, publicparticipation principle, fair, timely, full compensation principle, the principle ofsupervision and effective relief of right principles. Housing units should be based oncomponent collection procedures (including public interest confirmation and reviewprocedures, the demolition decision procedures, compensation and resettlement programand, hearing procedure and announcement), forced relocation procedures for the maincontent. Construction of the due process must have the guarantee mechanism, therefore,the administrative accountability and judicial relief is also essential.