Reconstruction Of China's Legal System Of The Housing Demolition And Relocation

The construction of a city, the improvement of the citizen's residential conditions, as well as the development of the real estate industry has no way to escape from dealing with housing demolition and relocation of the former residents. And to handle such matter is becoming more and more difficult, and an increasingly prominent social problem. As a primary staff member working at a grass root level government, the author of this article is trying to analyze what she has experienced during her involvement of the housing demolition and relocation tasks, and to establish the basic concept of housing demolition and relocation regime based on which the regime is to be perfected by starting from viewing the attributes of economic law of reconstructing the national regime on housing demolition and relocation and relocation and related issues. This article is divided into five parts.Part one as an introduction of the article mainly outlines the significance of the said subject to be chosen for her research, the current situations of the related researches done so far both at home and abroad, and the methodology adopted in her study and the key aspects of the concept.In part two of the article, the history of housing demolition and relocation and related settlement work carried out in Shanghai is briefly introduced and then a concrete analysis on the housing demolition work of the street where the author worked at, the basic situation and some common issues encountered are given, including: the law and regulation pertinent to the housing demolition and relocation needs to be improved, the compensation for relocation is not reasonable and the policies concerning the said issue is not satisfactorily transparent, the working mechanism on the matter is not complete and perfect, the houses for relocation are not well matching the actual demand, and so on. Followed is the highlight on some of the efforts made by the local government and new accompanying problems appeared during their endeavor process. Based on her analysis of the existing problems, the author believes that although the government at the grass root level has made a great effort in this ragard , there is still a great deal of unsatisfactory aspects nationwide in view of the housing demolition and relocation work. The sticking point of all the problems attributes to the lack of a correct concept in China on urban housing demolition and relocation and related work. Nevertheless, to establish a correct concept on the regime of housing demolition and relocation in cities the attribute of such regime has to be discussed and considered first.In the third part of the article, firstly, that the regime shall be endued with the attribute of economic law and regulations is proposed, because only the legal attributes of civil or administrative laws on house demolition and relocation is obviously not enough to balance the lawful interests of all parties concerned. Whatever from the angles of housing demolition and relocation for the purpose of public interest or for business development , or from the angle of practical perspective, the advantage of the housing demolition and relocation regime being endued with the attribute of economic law can be easily seen. Secondly, that the significance on that the economic laws attribute shall be endued to the housing demolition and relocation regime is discussed. Finally, three legislative concepts and principles for establishing the housing demolition and relocation and relocation law and regulations are identified based on the concept that the housing demolition and relocation regime is of the scope of economic laws and regulations, namely: the principle of limited governmental intervention, the concept of fairness, and the principles of proper and legitimate procedures. In the last of this part, the regimes for housing demolition and relocation employed in the countries as the United States, Germany, and France are introduced and what China can learn from their practice in order to improve our laws and regulations is analyzed.Accordingly, discussions in part four of the article focuses on how to improve from the point view of laws on the housing demolition and relocation regime in our country. First of all, the role of the government to play in housing demolition and relocation has to be clearly defined to make sure a limited governmental intervention by innovation. Secondly, the fairness and impartiality of the housing demolition and relocation work shall be assured by employing an improved compensation mechanism, fair and impartial evaluation system, multi-layered protection mechanism, and a punitive compensation system. Finally, to improve the due process, including: 1.to improve procedures for public notice and hearing, 2. to avoid any forced evictions, 3. Promote an open system for information disclosure, 4. to establish a platform featuring an equal consultations among all the parties involved, 5. to set up a channel for filing law case of housing demolition and relocation.In the conclusion part, the main issues to be studied and the innovations used in her study are summarized, and a proposed conclusion of this paper is summed up: the reconstruction of the law and regulation on house demolition and relocation shall be carried out under the concept that housing demolition and relocation shall fall into the scope of economic laws and regulations and related work shall be carried out under the guidance of above siad concept to ensure a good balance of the interests of all parties concerned.