Study Of Urban Housing Demolition Procedure

In recent years, with China's rapid economic development, the pace of urban construction is picking up speed. With the increasing scale of demolition, it caused more serious contradictions and conflicts and some extreme cases continue to emerge in the public eye. In some places, conflicts even escalated to the extent that affect the social stability. Observing the existing system of urban housing demolition and the variety of phenomena in reality, it is not difficult to find that the lack of a set of complete and specific procedures through the demolition is one of the main course of the greater damage of basic civil rights and worsening conflict. The main concern of this article is here.Regulation on Levy of Houses on Stated-Owned Land and Compensation was enacted in January, 2011 and at the same time, Regulation on the Dismantlement of Urban Houses (hereinafter referred to Regulation on the Dismantlement), which was argued by longstanding critics, was eventually abolished. The progressive significance is undeniable. While, it should be realized that only one change on regulation is far from enough to absolutely change the entire mode of dismantlement which was set up on Regulation on the Dismantlement. The way of legislation from the angles of administrator, which was convenient for dismantlement, aimed at keeping dismantlement going smoothly and put the rights protection of citizens on second sequence, had a profound ideological basis affecting some local leaders'way of thinking. This article is focused on the whole demolition process from the project implementation to the completion of demolition, based on correct government orientation and the full play of government function, straighten out legal relationship in behind every link of demolition, and examine the current procedure of demolition to make it more legitimate and rational to play a part in alleviating contradiction and protecting civil rights. In this paper, the author points six aspects according to the basic process of demolition to have a analysis on specific procedure, analyzes the existing problems to put forward suggestions in structure and improvement. The six aspects are: initiation of project, programming procedure, decision on demolition procedure(including public interests confirmation procedure and seeking advice procedure), recovering procedure of the stated-owned land use right ,the procedure of transfer and allotment of the right to use construction land, compensation and resettlement program(including assessment procedure, the procedure of signing agreement of compensation and resettlement), demolition program, announcements on maintenance of civil rights, hearing and judicial relief program.