Study On Some Legal Topics In Compensation Of Building Removal(CBR)

Disputes emerging from the compensation of building removal (CBR) evolve into a crucial factor vibrating the steady harmony of the society. Therefore, with the whole setting of constructing a harmonious society, it becomes unavoidable to establish a topic researching how to ensure the justice during building removing (BR), and how to strike a best balance among the interests of government, concerned enterprise and the party to be removed. Problems in CBR in nature represents the conflicts between public and private interests, the solution to which calls for a carefully legal-originated examination, based on the correct understanding of the legal properties of BR. This paper starts with the analysis and summarization to the existing problems in Chinese BR system, then proceed to the theory-leveled discussion about them and finally draw some suggestions aiming at improving and structuring the whole system. The analysis leads to 6 popular problems nowadays: First, the direct principles in this field may somewhat go to extremes; Second, the legal status and characteristics haven't been clearly defined; Third, the clarification of the necessity of BR; Fourth, the principle and standard of CBR; Fifth, the confusion of the subjects of CBR; Sixth, legal relief of CBR. The next point of the paper concerns, while consulting the books and reports from foreign countries in this field, the theoretical research and possibilities upon CBR, In this part, the author highly values the clarification of the characteristics of CBR, and points out the purposes of BR could be divided into commercial removal and public-interested one. Also the author here reasons the value basement of the two removing activities and throws light on the following ideas: Commercial BR's compensation based on the trade between different interests, which requires an agreement between concerned parties no matter it's a completed-as well ascompensated-action or not; While public-interested BR represents the confliction and balance between authority and interest. The party of interest has no decision on the removing schedule and authority restricts interest so a full compensation should be given for this restriction. Judging on the different originations of the features and compensating value basements of commercial BR and public-interested BA, it's rational for the author to emphasize on the differences that the legislators and scholars should hold when setting and referring to application of compensation principle, establishing procedures of standards and relief systems of the two kinds of activities. As for the last point, this paper states that a full-solution to the above problems demands, from the perspective of protecting the private property, adjusting and promoting even reconstructing in some places, of the system of CBR. There are also some personal proposals from the author on the setting-up and perfecting of the CBR system: They mainly are: the updating of thoughts and reception to new ideas of "Protection of Private Right", "Limited Government", "Serving Administration"; fostering the constitutional basement for the CBR: Setting up different compensation systems for public-interested BR and commercial BR; Improving the procedure of CBR and relief system.