On The Legal System Of Compensation For Urban Housing Demolition

The compensation to the households plays an important role in the civic building relocation. On one hand, it concerns whether the households'loss can be made up. On the other hand, the fair compensation, to great extent, can limit the government's impulse to relocation. Therefore, the attention and research about the compensation problems is one way to clear the complex benefit relationships in the civic building relocation and solve the contradictions between the government, the developer, and the households. It is of great significance.The essence of the relocation behavior, which includes the reclamation of the land use right and the abalienation of house property right, is the estate collection. It should follow the legal principles of estate collection. The estate collection itself, manifests the confliction and the check and balance between the civil rights and private right. The change of property right concept from absoluteness to relativization has effected the system's creation and construction. As the compensation is the necessary element to fulfill the collection, it is deserved.The civic building relocation compensation, which came forth at the beginning of our country founding, can be divided into three stages with the two promulgations of"the Administration Act of Civic Building Relocation". The transformation of the compulsory relocation system witness the compensation system change from skimble-scamble to uniform, and the legislation level from low to high. But the broaden of public interest, chaotic condition of compensation premise, and the pattern of relocation management and operation are unchanged as before.The detailed content of compensation system includes compensation principle, standard, scope, procedure, way of relief and so on. In our country, not only the Constitution, but also the rules, even related regulation in criterion document, outlined the entire compensation system during their adjustment concerning the relocation compensation: be short of compensation premise; not differentiate the compensation between the public welfare relocation and the commercial relocation; be blur in the role localization of government during the compensation. In order to change such kind of situation, the first thing should be done is constitute the formulation of collection and confiscation to confirm the premise and essence of compensation; then the compensation principle should be defined for the fair of compensate in full; last but not least, the compensation scope, means, procedure, way of relief should be perfected and completed.