On Legal Regulation Of Removal For Public Interest

For a long period of time, house removing for both public and commercial purposes are always indiscriminately following issued by the State Council P.R. China and other related policies. This is a great deficiency in national urban house removing system. Consequently, conflicts of house removing have become focus of social attention. In order to clarify the government's role in the house removing activities and coordinate public and private interests, we are obliged to better understand the differences between house removing for public and commercial purposes and to take different measures to make correct regulations on them. This is the only way to assure that the problems can be solved fundamentally and people's legal rights can be well protected, which would finally lead to social equality. This treatise is to clarify the differences between different removing activities, by following the theory of expropriation and compensation and consulting national and international related regulations and practice. This treatise will also make a preliminary discussion on how to legally regulate house removing for public purpose from different aspects such as recognizing public purpose, making appropriate compensation, perfecting necessary procedures and etc. We expect that this will make a positive attempt to improve the urban house removing system in our nation.