Research On Some Questions Of Compensations For Urban Removal From Original Residences

Along with cities in China develop rapidly and ceaselessly, the relations concerning urban removal from original residences are becoming more and more complicated, especially the proportion which individuals hold the property right of houses is becoming so large than before along with the reform of housing system deepened continuously, it is thus an important question to protect the legal property right of housing possessors in the management of removal from original residences. The system of urban removal from original residences covers many aspects: compensation for removal from original residences is a key link, and it is also a focus of dissensions between the parties concerned. The new Rule of Management on Urban Removal from Original Residences was passed by the State Council in June, 2001 and implemented in November of the same year. Comparing with the previous rule, the existing rule has made a big step forward on protection of the rights of residents who are asked to remove from original residences. For example, the existing rule stipulates that compensations should be in accordance with the positions, purposes and area of the dismantled houses. However, implementation of the existing rule increased the conflict. A series of basic legal questions in the compensations for removal from original residences, such as the basic principle of compensations for removal from original residences, extents and standards of compensations for removal from original residences, procedure design and the procedure of judicatory relief, etc. have not yet been solved essentially, thus causing the conflicts occur here...