Legal System Research Of Public Welfare Housing Expropriation And Compensation

In recent years, our country public welfare housing demolition has become an important part of the urbanization process. Through the housing demolition, the Government gets enough land resources,powerful driving the local social and economic development, but because of the housing demolition of disputes emerge in endlessly, need to re-examine the legal system for public welfare housing demolition. This article base on the related research results at home and abroad for house dismantlement, defined public welfare housing demolition, the state (the government) because the demand of the public interest, countries have enforced as backing, in accordance with legal procedures to city of houses on state-owned land to be demolished, and in accordance with the law of the owner or user of the demolished houses give reasonable compensation, thus the public welfare housing demolition legal system can be defined as the relevant public welfare housing demolition of the floorboard of the legal principles and rules. Public welfare housing demolition is essentially a mixture of administrative legal relationship and civil legal relationship. Engaged in public welfare housing demolition legal system research is based on social equity and justice theory and the theory of private property protection law and regulations including the constitution, "land administration law. the state-owned land on the housing levy and compensation ordinance, etc. A number of. has not yet formed an independent of the demolition act. Public welfare housing demolition legal system including the system of public interests, the administrative compensation system, enforcement system and relief system, the public interest is the first premise of housing demolition, demolition of defined conditions directly affect the public interest behavior can happen loss of income and private interests and public interests is measured, the compensation system design; Administrative compensation is to be demolished the core of the party concerned, is the concentrated reflection of its interests, if mishandled, easy demolition disputes; Enforce the connotation change, is the guarantee of housing demolition runs smoothly, but need to prudent use in accordance with legal procedure:Divided into two categories, administrative relief and judicial relief, to guide the dismantles within the framework of choosing appropriate methods in the system, to avoid extreme informal means. For the restriction of public welfare housing units in the multiple interests and public welfare housing demolition, the reason of related rights imbalances in the current housing demolition legal system exists in the name of "public interest" of commercial housing demolition, the status of public welfare housing units in the expression way imbalance, and the administrative relative person is not clear, is fair and reasonable assessment of administrative compensation and compensation standard, the abuse of administrative compulsory enforcement, dispute resolution, such as not timely. Perfect public welfare housing demolition related legal system is a long-term system engineering, need to each link of the ingenious design and practice of continuous feedback. Specifically, insisted on to measure the proportion of the public interest, public interest in the long-term, effectively balance the public interest and private interest, in the house dismantlement administrative principle basis for the protection of the interests of the other part), from clearly defined the concept of "public interest" in house dismantlement, perfect the system of public welfare housing demolition of the legal system, the public welfare house dismantlement appraisal standards for fair and reasonable, improve the specific legal system of public welfare housing demolition compensation, strictly limited public welfare housing demolition of compulsory enforcement, perfecting the relocation dispute resolution procedures, and other aspects to explore the effective ways to improve legal system of public welfare housing demolition.