Some Thoughts On China's City Housing Relocation From The Perspective Of Administrative Law

Logical and reasonable city housing relocation is a huge and public measure taken to improve the city dwellers' living standard, perfect ecological environment, increase the land utility rate, and strengthen the national economy. However, the nature that public right interferes with the private right makes the process of city housing relocation complicated for it refers to the interests of several parties. If the whole process can not be well dealt with, the group vicious incidents is likely to happen, which therefore has a bad influence on the social stability. Thus, supervision and management is in great need in the process of city housing relocation in order to guarantee its legal basis, which then fully displays the public value of city housing relocation.This paper is to look at the city housing relocation in China from the perspective of administrative law, with the struggle between public right and private right as its main point. First, this paper puts forward the view that the purpose of public interest and its legitimate procedure is the basis to guarantee the legitimatization of city housing relocation. Private right especially the property right can override everything except public right when public interest is of urgent need. Even for the purpose of public interest, the execution of public right should still follow justified procedures and principles. Only in this case can the loss of private right be reduced to the minimum, which finally probably realize the double win of public right and private right. Next, this paper makes an analysis of the city housing relocation based of relocation permission, relocation announcement, relocation execution and compulsory...