Implements Legally By The Civic Building Relocation

Along with our country national economy development and urban construction step quickening, the civic building relocation quantity grows sharply, and the relocation which initiates from this contradictory also increases unceasingly. Strengthens the civic building relocation management and judicial examination dynamics, "three represents" the important thought regarding the practice, realization science development view, defending the relative person's legitimate rights and interests, the maintenance society's harmony is stable, with steady steps implements the urbanized strategy positively, having extremely vital significance.The civic building relocation is always an urban construction big difficult problem, on one hand, the urban construction must develop the old city must transform and the house relocation bears the brunt. On the other hand, common people's housing and the property right must be protected. How to measure and deal with both relations relates to the urban construction and the common people, our Party and government's relations directly. Among them, some relates to government behavior question. For instance, some minority local authority in the relocation stipulation exist serious harm to the common people, when the government appears the related relocation document, decision or order, they reduce the relocated human's compensation standard, despising their legitimate rights and interests. All this things that they do to the relocated people exist serious harm to the common people. This kind of situation is more obvious in the municipal administration relocation. Also, the minority local authority has the fulfillment to use the question which the relocation management responsibility does not arrive. Specifically, first, the administrative power exercises improper, if the surmounting jurisdiction postal development uses; second, the punishment to the developer is illegal, and sometimes minority local authority abuse the compulsion method, the direct harm to relocated human's benefit is serious; Third, in the relocation dispute, few departments are partial to the developer, or they adopt shift responsibility to others, at last the relocated human does not have a gate to sue; Fourth, they neglect the low-rent housing and the economic housing which causes the real estate supply system's malformed development tendency; Fifth, the non-card relocation behavior supervising is valid, and the non-card relocation question sometimes occurs; Sixth, the phenomenon of abusing the administration to adjudicate and to enforce exists. Our country's civic building relocation law is in a dilemma in the region to seek the balance. Along with civic building relocation further thorough, further developments in this aspect question various aspects measure is being done.The civic building relocation power core lies in its compelling force, which does not have to relocate the human to agree can have the legal effect. Because this authority exertion and involves the personal house property rights by the state power as the backing the protection, therefore, preventing this authority abusiveness is becoming the determination relocation power to exercise the valid key. But in order to determine the relocation power whether is abused; first it must establish a standard in the law to judge a concrete relocation behavior. This standard is"the social public interest". In March, 2007, National People's Congress passed "Property Rights", this law's 66th says: in order to protect Personal rights and interests. Forbidding any unit and individual invading, raiding and destroying others rights.Simultaneously, this law's 42nd says: For the public interest need, according to the legal rule jurisdiction and the procedure, the government may levy collective all lands and their house and other real estate. Based on this law, the judgment of relocation behavior is this: First, whether it is according to the legal rule and the procedure or not; Second, whether it is according to public interest need or not. These request our government should through the legitimate collection behavior to levy the inhabitant housing to a certain extent, and should safeguard the relocated human's housing conditions. Therefore,the article will analyze how to limit the public interest . In the relocation activity, the administrative departments must fulfill their function properly. But it is not their responsible to relocate the management, and it is wrong for them to pursue the speed in the compulsion relocation process. The administrative departments'power in the civic building relocation must protect the relocation fairly and the relocates litigant's legitimate rights and interests. Therefore, the State Council issued the "Civic building Relocation Management Orderliness" in January 18, 1991. Through more than 10 years'practice, it plays important role in the housing relocation, but the question in it is still very serious. The most important thing is that they can give enough compensation to the people; The relocation placement plan does not carry out, and the compensation fund does not arrive; The relocation appraised the capriciousness big, and the government intervenes too many; The house demolition lacks of supervising, and there are also too many danger and serious infringement phenomenon in it. On June 6, 2001, the State Council issued new "Civic building Relocation Management Orderliness" in the foundation of the old ones, and it provided the basis for the house relocation and the compensation placement. This orderliness supplies some safeguards to our country present stage civic building relocation, and also it becomes s a basic beacon in the civic building relocation process and in the compensation placement. On December 30, 2003, the Construction Department issued "Civic building Relocation Administration Ruling Service regulations" according to "Civic building Relocation Management Orderliness".Above these laws, regulations and regulations symbolized our country Government's housing relocation work's legalization value degree and protected the human private property right, simultaneously; they also indicated that our country civic building relocation work entered a new stage.