Legal Protection Of Private Property In The Urban Settlement

During the process of modernization in china, the urban resettlement has become an unavoidable hot issue. With the in-depth analysis of the politics system and economic system reform of our country, the legal relation in the urban resettlement has become more and more complicated. Particularly with the in-depth analysis of the housing system reform and increasing in the proportion of personal housing property, legal protection of the private property of the resettlors has become an important problem in the urban resettlement. Till now, the legislation of the resettlement system of urban reconstruction of our country divides into three stages roughly from the last fifties: the legislation of the resettlement system during the planned economic period; the legislation of the system of the period of transition; the legislation of the system under the market economic period. The legislation system of the resettlement, which based on the"management regulations of the urban resettlement", has some positive effection on the criterion of the urban resettlement. But there are still a lot of problems in the legal protection of private property. In general, the main questions are as follow: the government dislocates itself and has many illegal administrative actions; there are not enough protection to the private property of the resettlors for the compensation system; the judicature function is deviated and can not strongly protect the private property. Based on the previous problems, we have mainly analyzed deep reasons of the weak protection of the private property, such as the conflict between the"public right"and"private right"; the congenitally deficiency of the private property protection in Constitution; the limitation of the existing urban resettlement legal system, and so on. And then we compared and analyzed the advanced experience of private property protection in the urban settlement in both America and Germany. Based on previous study, we try to find out our possible method of private property protection in the urban resettlement. It is concluded as following: draw up urban resettlement law; before the urban resettlement law coming out, modify the existing rule according to the Constitution; constitute due process of law about the urban resettlement; establish just compensation system; improve legal relief method.