By Public Welfare Civic Building Relocation In "Public Interest" Recognizing

In the last decade, urban house removing has evolved into one of the most striking spheres where violent conflicts are liable to occur. As concluded, "urban residents' losing their houses" together with "farmers' losing their cultivatable fields" and "workers' losing their jobs" has devolped into one of the three latent troubles in the harmonous development of Chinese society. The urban social and economic development and the protection of civil rights seem to have contradicted heavily, however the foundamental resourses lie in the uncertainty of the connotation of the so-called "public interests",the governmental abuse of the criteria of "public interests" and the governmental intervention into the spheres which should be adjusted by the market. This paper attempts to discriminate the legality of urban house removing in the sake of public interests and clarify the concept of public interests to promomote the regulating of urban house removing in the sake of public interests. In addition, with an introduction of theoretical studies on the concepts of and the practical operations of the urban house removing in the sake of public interests for nearly one century, the author puts forwards a subsantive and procedural legislative proposal on the legislative constructic .1 regarding public interests in urban house removing, from both subsantive and procedural perpectives, with the legislative subjects of the concept of public interests, the defining process, the legalization of and certainty of public interests taken into account, in order that an institutional standard be set up for the urban house removing in the sake of public interests in China.