Study On Legal Problems Relating To Urban Housing Demolition In China

As the rapid advance of china's urban construction, large-scale urban housing demolition is inevitable. Housing demolition has caused widespread concern. Urban housing demolition should be Promote according to law,but the government today is enthusiastic for "achievements". Governments offten dominate the whole process of housing demolition.Because the relationship between government and developer is subtle,so contradiction and opposing exist between the governments and the masses. Surface reason of the contradiction is low standards of demolition compensation,but the author think that the deep-rooted cause is the lack of impartial process. The article arguments from two stages in housing demolition, finds deep-rooted problems, and explores the improvement measures.Paper firstly discusses two basic problems-the concept of urban housing demolition and nature of demolition behavior. By analyzing the concept of urban housing demolition to define the scope of this paper. Demonstrating the legal relationship of housing demolition through analyzing three different theories:civil legal behavior,administrative legal action and mix legal behavior. The author think that the housing demolition is a mix legal behavior. It is administrative action in the demolition decision stage and civil behavior in the demolition compensation stage. So civil equality,equal value and other basic legal principles should be applied in compensation stage.In the demolition decision stage. the author draws this conclusion through analysis:public interest is not the problem of entithy,but of process. Public interest should be identified through reasonable procedures.The legislation lack of the concept causes the abuse of government power. Through analyzing the questions in the permission process, the author points out that the relocation of permission exists logic paradox, violats Administrative Permission Law, violats the principle of freedom and real right. In the compensation stage. Firstly, the author analyzes assessment procedures. The base price of demolition compensation that the governments issued everyyear seriously influenced the justice of market valuation behavior.This is adverse to dismantlees. Secondly, the author points out four problems in the judicial relief process:one is that the legal provisions is not clear, lacking civil relief channel, the second is that civil lawsuit procedure can not play a role actually, the third is that administrative proceeding influences fair verdict of judicial authority, the fourth is administrative ruling organs cannot maintain fair and neutral in the exercise.In the final part,the author proposes reforming suggestions about the urban housing demolition process. In the decision process:establish definition process of public interests. The author think that defining the concept by the local People's Congress is reanable.Establishing public participation process to improve the licensing system of demolition. In the stage of housing demolition compensation, further clarifying the scope of compensation, the evaluation scope should contain the expected revenue and intangible interests.Establishing market-oriented mechanism of evaluation,cultivating market subjects; cancel administrative decision system of compensation, through the civil legal relationship of litigation and arbitration fees to solve problems, and make parties to seek the judicial relief in equal environment.Through argument on the system of advance process,author try to establish a more perfect system,hoping that the government can escape from the advance process,findiing its position,and playing a neutral role.