The Conflict Of Interests And Adjustments In China's Urban Housing Demolition

Over the last ten years, as the rapid expansion of the size of cities across the country, the constant adjustments of urban planning and implementations of major government projects such as urban redevelopment, business development and urban construction projects, almost every city has issues related to housing demolition. The nature of China's urban housing demolition system which is a specific system related to the right of land expropriation is that government must be in behalf of public interest when private property of citizens are compulsorily acquired. From the current point of view, all kinds of social contradictions and conflicts of interests which are caused by the design defects of removal system are one of the important issues of the transition period of of Chinese society, it has a serious impact on social harmony and stability. Frankly speaking, urban housing demolition has been one of the social problems that most likely cause the current conflict and stimulate contradictory.The core of the removal of urban housing units are the distribution and adjustments of benefits. In essence, the contradiction in the demolition process is closely related to the diversity of main roles and their variety of pursuit of interest. As the nature of the social wealth and resources which they needed are scarce and limited, the conflicts among the interest roles caused by the pursuit of best interest is inevitable. In the urban housing demolition, interest roles are diversified, including local government, developers, the dismantleds, relocation (host) units, demolition assessment bodies and so on. The main types of conflicts of interests are mixed and the difficulty of mobilization clearly increased. Local government, developers and the dismantleds are considered as the core stakeholders, their demands of interests are often overlap and cross, and the conflict of interests are the most significant issue, so this paper will focus on an analysis of this problem.In the urban housing demolition, the objective of stakeholders is to protect their own interests, to achieve the largest of its own interests and to compete for their stakeholders'interest in demolition, the result of which causes the constant conflict of interests. From this paper's view, compared with the local government and developers in an advantageous position the dismantled has always been in the disadvantaged position without properly protection of their interests, the conflicts are getting worse and worse. The dismantled decided to use extreme ways like burning themselves to express their aspirations for interests, it not only pushed the conflict of interests in urban housing demolition to the teeth of storm, but also drew the attentions of many people and government officials. This shows that the conflict of interests in China's urban housing demolition has yet to be resolved. This paper explain the demand of urban housing stakeholders, analyse the cause of the conflict of interest and make some points on the adjustments of such a conflict of interests.This paper is divided into five chapters on the discussion of the demolition issue of conflict of interests.Chapter 1 Introduction. First it introduces the background issues, including not only the current state of development of urbanization, but also the status of the current conflict of interest and peoples' view of the Ordinance for the demolition; next it introduced the status of domestic and international research which shows that the relevant domestic and foreign scholars'view of the problem; the last part is the introduction of the theoretical basis of this study, theoretical and practical value of the expression.Chapter 2 Urban Housing Demolition and interests demands of stakeholders. First The author of this article involves an overview of the basics done, then identify and classify the stakeholders (including local government, real estate developers and the dismantled etc.) in urban housing demolition, and determine the degree of correlation of interests, identify the key stakeholders, and analyse the core interests of stakeholders.Chapter 3 The analysis of the conflict of interests in China's urban housing demolition. First it outlines the type and manifestations in conflict of interests in the removal, and then a comprehensive analysis of the reasons for the removal of the conflict of interests, including that public interest is not clear, the Ordinance of demolition is against the higher law like Property Law, the local government functions are shifted and the demolition compensation defines are not reasonable. Chapter 4 The adjustments of Urban Housing Demolition in conflict of interests. Aimed at the problems previously mentioned, it adjust the the conflict of interests in demolition through the ways of defining the scope of the public interest, adjusting the scope of relocation compensation, being norm of demolition work and improving our hearing system.Chapter 5 Conclusions. This paper comprehensively expoundes on the previous section, and pointes out the shortcomings of this article.