Study On The Levying System Of Urban House Breaking And Moving

Along with the economical unceasing development, more and more lands are used for the commercial construction and the public accommodation construction, thus urban house breaking and moving have become an important content of the municipal construction, going along with the more and more disputes happened. This article limit itself to the present laws and the practical questions of the subject, expected to have a clear and complete explanation.This paper can be divided into four parts.In the first part, we will know what is the urban house breaking and moving. It means, the government or the individual breaks the house on where the lands had decided to levy for the country construction, and the government compensate for the owners of the houses.Looking from the legal provision and the practice, the Government Construction is in charge of the house breaking and moving problem, its functions concludes making regulations on the house breaking and moving, directing material works. The permit getting form the government is the premise of the house breaking. There are three kinds of forms on the house breaking, one is the government breaking the houses, one is the individual doing this work, another is the kind of organization entrusted with the project.As for the characteristic of the urban house breaking and moving, there are some disputes on it. Someone believes it is a kind of civil matters, well others think it is a kind of administrative matters. The author considers we should distinguish different kinds of matters according to the matter itself. This article discusses mainly on the administrative behaviors.In the second part, the author made a deeper research on the house breaking and moving as well as the levying.The premise of the levying is the public interests, the public interests means offered by the government, for the public requirements. Thus, it requires, on the purpose, it is for the public; on the beneficiaries, it should be the people of the whole society, instead of the particular individual; on the executors, it should be the government. In view of these, the government decides to break house only because of the public interests.Now our country has formulating the house breaking and moving affairs from the Constitution, the Reality Law, and the government regulations, though the legal rules are becoming more and more perfect, it still has some problems in the practice, such as the vague conception about the public interests, the deficiency of the due process, and so on. To perfect the house breaking and moving problems, it is necessary to get to know the foreign legal rules about this.So in the third part of this article, the author introduces some foreign legal rules on the system for land expropriation.Because of the public ownership of land, which is carried on in our country, the land in the city is belong to the public, well the house constructed on it is a kind of separate property, we established the house levying system. But to the foreign countries, where pursuing the private ownership of land, it is barely happened of the house breaking and moving situation. While, the land levying system is similar to our house breaking and moving system, so we could borrow ideas from the land levying system.Seeing the legal rules in the USA, and in German, there is an overall character, that is, it happened of the land levying in their countries, only because of the public interests. That tells us, we should definite the public interests on the law, to avoid of abusing of power; we should also perfect the judicial relief, to protect the legal advantage.Therefore, in the forth part of the article, the author made an institutional design on our house breaking and moving system.The author proposes, we should make some adjustments, from the consciousness, from the legislation, and from the supervision. First, we should increase the public interests consciousness, to urge the government to permit the house breaking and moving on the behalf of the pubic; second, we should have definite legal rules to make a clear range of the concept of the public interest and we should also perfect the procedure to protect the legal advantage; at last, we should create a judicial relief system, to make sure that the house owners could defense their legal advantage. The most important is, this will provide a platform for the house owners, increase the belief and dependence on the law.