Our Urban House Dismantlement Laws And Regulations

Urban house dismantlement of China is not unique to China, due to the national tradition, reforming and opening, specific background in urban house dismantlement process caused a series of social contradictions and group, individual events, and become malignant unique to China. According to official statistics, nearly two years for urban demolition problems become the boss's head group petitions first. Say it is hot issues involved, because its population and involve the vital interests of citizens. In the democratic process, the concept of legal system improved today, people can consciously rights, Say it is the focal point question, because the contradiction, multiple emergencies. The dismantlement or private collection, is under the local people's government at or above the county level shall order the public interests, on behalf of the state on state-owned land to the units and individuals are forced the ownership of the house, in the deprivation of exercising power during the various conflicts have become social focus, Say it is difficult problem, because the current conflict between the laws, regulations and the imperfect, the practice of conflict. Social power imbalance caused ruling difficulties or injustice. Social power imbalance caused ruling difficulties or injustice. The influence of the government credibility and image, hampering reform and opening up the pace of development. Thus the author start in laws and regulations.Because this does not want to trigger the demolition of urban community events are listed and analyzed, and the dismantling of the government in the process of disorderly conduct analysis and denounced as, nor to the dismantler elyse segal, projects for political behavior and the dismantlees "benefit maximization," borrow "trap" evaluation and reply. But fundamentally, tries to urban house dismantlement of current legal system study, the analysis of existing problems, the conflict between the law. Due to demolishing purposes, urban-house removing compensation problem analysis, etc. Due to the complicated problems involving demolition of this law, demolition, legal remedy due process in our country and the urban house dismantlement legal regulation of the existing problems were analyzed to reason.To plan economy and market economy, the concept of conflict, the demolition dislocation, wide, Chinese traditional system and the concept of private property protection of citizens, the disparity between the main body status of dismantlement, cannot fully game and profound reasons to explore.Aiming at the existing urban house dismantlement legal system present situation, the author tries to open to the United States, Germany, Japan and China city of dismantlement comparative study of legal system, and combined with actual situation in China, using for reference, The improving Suggestions:One is amended as urban house dismantlement ordinance, clear distinction, demolishing purposes and commercial units, public demolition urban-house removing compensation legislation perfect. Two is strictly proper procedure, safeguard the demolition of public participation, limit the demolition, establish the fair abuse of dispute resolution mechanisms, perfect legal relief system demolition. Three is government, administration according to law limits and abuse of power.