Research On The Value Orientation Of Legislation On The Demolition And Relocation Of Urban Housing In China

By researching carefully and thoroughly the change of legislation value orientation on the demolition and relocation of urban housing since the foundation of P.R.C, I find that the legislation value orientation of the demolition and relocation of urban housing has changed from justice priority to efficiency priority and then to efficiency priority with due consideration to fairness. This transformation is helpful to satisfy the historic objective for a specific time, but its weaknesses have emerged, since it is more important to insist on rule by law and civil rights nowadays. I have also compared the related laws of China’s mainland with those of Hongkong ,Taiwan ,and those of other countries. Some of them are very good, and it deserves to learn from them. I propose the following value orientations:“fairness first, efficiency second”,“civil rights priority”,“civil life basis”,“public power restriction”. Only in this way can a forecasting impact be exerted on the direction of legislation of the demolition and relocation of urban housing, administrative execution of law, judicial relief, etc. It will play a big role in promoting urbanization process and protecting the personal rights and property rights of people according to law. It will also contribute to build a harmonious socialist society and a healthy socialist market economy.