On The Legal Problems And Solutions To The House Demolition And Land Removal In China

With a steady development of the domestic socialist marketing economy, the entirety of the China's city-planning programme has entered a new historic stage and the city construction has been improved with each passing day. However, in the course of the above development and improvement, such problems as demolition of houses, removal of inhabitants and requisition of land will surely be involved, which directly affects the property right and residential right — the fundamental civil rights of thousands of citizens. Civil rights, the citizens' qualification, interest, freedom and powers and functions, are acknowledged by the country's constitution and law, and guaranteed by the corresponding obligation. Due to the sluggishness, incongruity and imperfection in the present system of demolition, removal and requisition, a lot of corresponding problems and conflicts have been caused and some of them ,even sharpened, which results in unrest factors. In this thesis, the author intends to approach the following subjects. Part One : Introduction, which gives a brief introduction of the significance ,purpose, target and the way of study. Part Two is intended for a comparison with the legal systems for demolition of houses, removal of inhabitants and requisition of land in the United States, Canada, Italy, Japan, and Singapore as well as in Hong Kong, Mocao and Taiwan in order to make a comparison with the characteristics in the above countries and areas and find the problems and gaps of the present system in our country, so we can learn form the above countries and area and summarize the practical experience for us to follow.Part Three deals with our country's present corresponding legislation of the urban demolition, the present situation, the problems of the present legislation , the contrast with the legislation abroad and the perfection of our country's own legislation and policies by means of positivism and contrast to follow the theme of the protection of the performance of civil rights. The characteristics of the different historic stages about our country's present law and the performance of the law in house demolition , inhabitant removal and the land requisition and some of the typical cases are mentioned in the part so that we can find the cause of the problems and make a analysis and draw a conclusion. Part Four concerns how to improve the system of house demolition, inhabitant removal and land requisition in our country. It involves the necessity , the basic principle, the contents of the relative laws and the procedure of the law-making in detail. The author also casts a brick to attract jade — offer a few commonplace remarks by way of introduction so that the theoreticians, lawmakers, and legalistic researchers may come with valuable opinions about the perfect legalistic solutions to the problems mentioned in the paper.