On The Administrative Law's Problem Of Demolishing Urban House

With the fast economic development, demolition and relocation of urban houses has become a universal and sensitive social problem. There are more and more contradictions and disputes in this field. During the past year, the state council paid much attention to the demolition and relocation of urban houses, which matters social stability and development of our society. This paper tries to make some research of government actions in the process of demolition and relocation of urban houses. It analyses the current situation of demolishing houses, especially the Jiahe case, and comes to the conclusion that government misuses the power of land requisition and makes mistakes in locating itself under the market mechanism. This is the deep reason for so many contradictions and disputes. How to regulate government actions and use properly the power of land requisition is the key problem right now. The Constitution amendment (2004) makes the land requisition system more perfectly, but the definition of "public interests" is still ambiguous. This adding to the insufficient of norms of the land requisition makes rooms for government to abuse power and intervene into the market businesses. To solve this problem, government should be out from civil relations. This matters not only the acts of land, functions of government under the market mechanism, but also the whole legislative system about demolition and relocation of urban houses. The last but not the least important is that public participation and judiciary independent ensures the way of solving this problem.