Complevation Of Government's Function In House Removing Of Quanzhou

During the development of city construction, large houses are going to be pulled down. In order to protect legal right of the houses' owner and make removal work smoothly, the State Council published "The administrative regulation of urban housing" on June 6~th, 2001. When removing the houses, you should pay more attention to the compensation means that you should compensate them for pulling down their houses. According to the law, the compensative form includes compensation of the money and exchange of the titles to house. The house's owner has right to choose one of them.The compensative content relates to quarter, use, floorage and other factors, What price is the house worth? It will be evaluated at real estate market. Generally speaking, the compensative subject is the house's owner. In fact, it is complicated who is the compensative subject. This includes common property and mortgage. Though there has been "The administrative regulation of urban housing", there are many shortages. For example, the law should make definite that the government only has eminent domain for the public interest.The government can expropriate the private house in order to public interest, and the government has to compensate the owner of the house. This is the principle of "ownership's public duty". It is also the foundation of the resettlement of urban housing.The appropriate procedure is one of the important measures to insure the government exercise expropriation powers. It's also the most important means to protect the house owner's rights. Therefore, to formulate the fairness and transparent procedure in the resettlement regulation is very necessary and important. The resettlement of urban housing in China has undergone three periods of development. The new administration regulation is more pay attention to protect legal right of the house's owner. The land expropriation law should be formulated in the future in China, and it is the basis for resettlement of urban housing. The law should make definite the government has eminent of the housing that is to be relocated by the evaluated price at real estate market. All these procedure must be fairness and transparent to the parties involves in resettlement.Therefore this paper makes a research on housing removing by the analysis of Quanzhou area. The analysis will be mainly on the roles of government played in house removing activities. Some constructive suggestions are put forward for the principles should abided by government in house removing.