Legal Study On The Compensation Of Urban House Demolition

With the rapid development of the economy and society, China's urbanization process has also been further accelerated. Coupled with the perfection of city planning, urban development inevitably leads to the phenomenon of new construction of housing at the expense of demolition of old one. However, the frequent occurrences of demolition disputes and conflicts not only greatly affected the social stability and unity, but also hindered the construction of a harmonious society. One of the root causes of these conflicts is none other than the issue of compensation. Problems caused by demolition compensation in process of the house demolition have caused widespread concern in the community. To establish more rational compensation mechanism and compensation standards to ensure the smooth progress of the demolition work, but also to reduce the disputes to protect the legitimate rights and interests of the resettlement, are of great significance.In consideration of legislation of the demolition compensation and implementation of the proposed laws in Beijing, Guangzhou and Lanzhou, this paper attempts to determine the significance of establishing the compensation standards, on the basis of comparative analysis sum up some problems of compensation standards of house demolition and present some thoughts on determining the compensation standards under the principle of equity and regional unity.The subject is divided into four parts. The first part is an overview of the standards of house demolition compensation, including the existing provisions on urban house demolition compensation, the provisions on house demolition compensation in other countries, the determining of the compensation standards of house demolition, the significance of compensation standards, and the problem of low standards in China; the second part introduces the legislation of the demolition compensation and implementation of the proposed laws in Beijing. Guangzhou and Lanzhou and draws relevant conclusions about the compensation through comparative study; the third part deals with the problems of different standards, it presents some thoughts on determining the compensation standards under the principle of equity and regional unity; the fourth part deals with the problems of low standards in urban demolition, contains proving the standards and assessment existing countermeasures so as to further determine the house demolition compensation standards reasonably. Conclusion therefore can be drawn through writing the main part. After a comparative analysis of relevant legislations, combined with cases to demonstrate, the paper put forth reasonable solutions to this problem and present some thoughts.