On The Construction And Design For The System Of Relocation For Public Benefit In Our Country

Relocation for public benefit means the conduct that the person who executes the pull-down of the original home and the relocation goes for public purpose and satisfies with the need of public interest, after getting the governmental permission, according to legal authority and procedures, executes mandatory dismantling the houses and their accessories in the range of land used for building , then reasonably compensates or resettles for the residents or units within this range, accordingly acquires the right to the use of land used for building, which is characterized with public purpose, enforceability, compensatory nature and transfer of ownership of reality. Nowadays, there is no special system of public relocation in our country until now, and there are few systematic studies on this topic in the circle of law theory. However with the unceasingly appearing of the questions about current system of relocation of city houses in the level of legislation and operation, the study on the question of distributary of relocation of city houses especially the deep study on the relocation for public benefit shall be highly no time to delay. Herein, the dissertation firstly starts with the necessity for establishing the system of relocation for public benefit in our country, deeply analyzes many questions existing in the current system of relocation of city houses in our country, points out that it is the realistic necessity for settling many questions in the system of relocation of city houses to practise distributary of relocation and establish system of relocation for public benefit. Secondary, the dissertation elementarily studies on the related basic theories on relocation for public benefit, probes into such basic questions as the determination of public benefit, equitable compensation and just procedures. Finally, through reviewing the legislation and judicial practice in our country and foreign countries, the dissertation puts forward the conceivableness of establishing the system of relocation for public benefit in our country and brings forward related suggestions for the design for the material system of relocation for public benefit in our country.