Research On The Legal Issues Of Conflict Of Interest In The Current Rural House Demolition

In the process of rural house demolition,there are various conflicts due to conflicts of interest,and violent anti-law incidents of peasants emerge one after another.This weak group brings disharmonious factors to social stability.The aim of balancing the interests of each subject can be achieved only by controlling the demolition behavior of rural houses by law and reducing or resolving the social contradictions.The conflict of interest of each interest subject in the rural house demolition is mainly shown as the conflict of interest between the government and farmers and the conflict of interest between farmers and farmers.The difficulties to be dealt with in the conflict of interest in the demolition of rural houses mainly lie in the imperfect legal regulation,the incomplete implementation of legal procedures,and the unequal protection of rights.Based on this,in the aspect of laws and regulations,it is suggested that,in the form of legislation clearly define the scope of “public interest” strictly prohibited in violation of the demolition process and demolition and obtain illegal interests and written in the “criminal law” provisions related to illegal demolition charges to violators corresponding criminal responsibility,to strengthen to protect the lawful rights and interests of the dismantles;In terms of the enforcement mechanism of legal procedure,the author puts forward the essence of farmer participation procedure into legal provisions and the introduction of hearing procedure.In the aspect of reasonable allocation of interests of housing demolition,it is proposed to protect the legitimate rights and interests of housing demolition,and replace “administrative forced demolition” with “judicial demolition”.In addition,the government is responsible for “three links and one peace”.The developers participate in land de-listing and auction,and directly being civil legal relations with the government instead of direct legal relations with the demolition farmers,effectively reducing social conflicts.