Urban Housing Demolition Compenstaion System

Ownership of land and housing in urban demolition was based on a separation of ownership of the system. It is also the most controversial economic life of our country, the largest number of disputes, Along with the construction and development of the city, in essence, is to destroy the rights of private individuals, A prerequisite for the demolition of private rights should be given appropriate compensation. This city housing relocation compensation system in capitalist countries in the urban renewal process. it is clear from the provisions of relevant laws; In China, urban land belongs to the state Constitution, therefore, town housing relocation, housing ownership only to the value of the compensation. so that the legitimate rights and interests of a large number of households free of exploitation and abuse. Along with the land use rights protection has been gradually strengthened. In this way, how to establish and perfect the city housing relocation compensation system is particularly important, therefore, China is currently in a large-scale economic construction and demolition extremely arduous task of transforming a situation, establish a more reasonable compensation mechanism, compensation procedures and relevant national laws be clearly defined so as to better protect the legitimate rights and interests of citizens, have a very important practical significance.China's housing relocation compensation in the current legislative messy fragmented. there is considerable compensation practice was not in place and prejudicial to the legitimate interests of the developer. This paper will explore urban housing relocation compensation, divided into four parts :The first part is the introduction that the compensation system to improve urban housing demolition significance also a brief introduction about the domestic issues of compensation for the demolition of urban housing situationThe second part analysis of the nature of the housing relocation, housing demolition act to clarify the meaning and characteristics summary of the constitutional and legal basis of house demolition, the demolition of urban housing system outlined in compensation. Compensation for the demolition of city housing which lies in the legal attributes of the executive compensation. By distinguishing the demolition and commercial administrative demolition, the authors refute the traditional theory of "legal issues". executive compensation attribute advocate relocation compensation, based on this that the current flawed and flawed relocation compensation model at the moment is that the imbalance in the legal relationship between the two. The legal confusion caused by the demolition.Part III describes the status quo of China's housing relocation compensation system, the lack of law, "public interest" non-statutory, Compensation standards and unreasonable manner and legal remedies, such incomplete addresses the urban housing relocation compensation system The situation is not optimistic degrees. which underlined that the compensation standard demolition and relocation compensation disputes with the irrationality of the legal remedies are inadequate lead were relocated to Beijing frequently violent incidents against the law or the culprit.The fourth part of the current urban areas lack the legislative process has, "public interest" non-statutory, Compensation standards and unreasonable manner and legal remedies, such as the problems of incomplete, I discussed with suitable legislative measures and proposals, which, clear the land requisition system of "public interest" the scope and purpose of building a unified administrative law is the author calls for compensation and the area of concern as soon as possible. The author has also adopted the basic principles of design executive compensation, compensation for the purpose of compensation, compensation, Compensation standards and practices, as well as compensation in the form of relief on several fronts, such as an initial source of China's administrative Compensation Act.At present, the pressure on urban construction, urban infrastructure construction, CITY housing construction and demolition of buildings are required to try. Meanwhile, in the wake of the establishment of a sound socialist market economy, the continuous improvement of the legal system. Housebreaking must protect the legitimate rights and interests of litigants, will guide the thinking of "re-building Light compensation, "and for" compensation for both. " Therefore, the establishment of sound urban housing relocation compensation system has become very important and urgent.