Research Into Guaranteeing The Property Rights And Interests Of Urban Residents Whose Houses Are Relocated

To relocate houses in cities plays an important role in quickening the urban construction and the development of economy. It is very helpful to the improvement of the urban environment and the living conditions of the people. It should be a project beneficial to the people. However, the coercive relocation and the relocation with violence happen frequently in the practical operation of relocating houses in China. It makes us introspect a lot. There are complex reasons, particularly including the historical factors, the realistic legislative problems and the contempt of the property and rights and interests of the residents whose houses are relocated, etc. In order to maintain the property rights and interests of these residents, the author introspects the system of relocating houses in China. In the legislation concerning relocating houses, the relocation behaviors for public benefits and commercial benefits are not divided clearly. The government's being the developers' tool for removal is the legislative defect in the practical operation. The origin for its theoretical defects lies in the improperly adjusted rights and interests and the relationship between the ownership of land, the right to use land and the ownership of houses in view of the special land system in China. The author analyses the current legislative situation and the theoretical situation of the rights of real things concerning the ownership of land, the right to use land and the ownership of houses that are closely related to the protection of the property rights and interests. He holds that the right to use land is neglected in relocation. No matter what the relocation is for, the public benefits or the commercial benefits, the nature is to retrieve or get the right to use land rather than the ownership of houses. In addition, the power of the government should be limited by the public benefits in order to protect the lawful rights and interests of the residents whose houses are relocated better. Therefore, the author makes an initial attempt to define the public benefits, and probes into the procedures to relocate houses and its compensation system as well. He hopes to set up the judicial examination and strengthen the protection of property rights and interests of the residents whose houses are relocated.