The Legislation Consummation Of House Relocation's Legal System

Urban construction is the important symbol and content of modernized development in China. It mainly manifests city' reform and development and all these involves the problem of city relocation. Civic building relocation means demolishing the house and accessory in relocation scope and reconstructed by government and developer. Civic building relocation enhances the using value of land though developing land. And to give contributions in improving city ecological environment,investment environment and the living conditions of inhabitant. Civic building relocation law system means the relocating person demolish the relocated person' house and to give compensates and placement with the related department' authorization because of the need of the urban construction develops on state-owned land of urban planning area. The one who have house relocation permit is the relocating person and owner of the demolished house is relocated person. The process of house relocation revolves permission relocation the decisions of administrative body and completing with a series of administrative action and civil behavior under the instruction of the administrative body. So in the whole house relocation law system how to standard the administrative action of the house relocation control section and how to maintenance the relocated person' legitimate rights and interests effectively is the attention spot.The work of civic building relocation haves characteristics of strong policy,broad affected area and the big difficult solution. It's a sensitive and universal social question that is paid attention by society from all walks of life not only relates the benefit of our country, development construction unit and millions of inhabitants but also relates the concrete realization of the urban planning. As the benefit is deferent between the relocating and the relocated so contradiction is inevitable occurrence. Although the country has issued many stipulations and the means to standard relocation behavior according to the problem of house relocation the questions meet in the process of relocation is many that it can not covers all questions in practical life. So it makes contradiction prominent. Problems of using land and relocation are more in the populace' inquiries and it is serious influence society's stability. It initiates many social questions because of deficient of experience administrative system and legal system. Such as inhabitant Weng in Nanjing and inhabitant Zhu in Anhui are compelled the self-immolation as forcing to relocate by government. And the occurrence relocation event in Hunan all arouses society's universal interest. Thus questions of Civic building relocation have received the unprecedented value. People start to research and ponder the problems in house relocation from different angle. This article analysis for the beginning of studying the concept,characteristics,principle,legal system and its characteristic of civic building relocation. Emphatically analyzes the legal flaw and it's root in order to establishment a more scientific,fair and effective house relocation law system.The legal system of civic building removing is based on the separation of the land ownership and housing ownership. It is the main body of legal system of the real estate and city construction. It is means on the government property of city planning area the removed people pull down the old house and give the owner some compensation and allocation under the conditions of the needed of city construction development and the approval of the related government department. The one who have the licence of building removing is called removing people and the owner of the removed house is called removed people. The problem of civic building removing has been a sensitive and general social problem that be attentioned by all circles owing to related the public interests and protection private right. The main purpose of civic building removing is to acquire the land upon the removed house and to develop the land. House removing is commonweal (the thesis mainly discuss the building removing legal relation of commonweal. The building removing legal relation of private is indeed civil legal relation and should use the civil law and code of civil law and the thesis will not talk about the problem) and the essence of house removing is compulsory collection of people'house(separate state). The process of building removing is circumfusing the permission of the subject of administration and with a series of administrative act and civil act to realize under the leading of the subject of administration. As a result among the legal system of civic building removing the focus is how to control the administrative act of the subject of administration and maintain effectively the lawful rights and interests of the removed people. The thesis absorb the newly fruit of law circle to analyse the legal system of civic building removing from rational point of view to find the problems and reasons and bring forward the measure of how to perfect the legal system for the sake of direction the practical building removing in our country. To make the government of all levels to keep abreast of the times and to renovate the administration thought to use the properly method to removing and to use the rational attitude to establish the civilized city to make the forcible behavior far from the legal system of civic building removing to make the human rights of all citizens to be respected and protected to make the harmonious complexion of society government and public.The thesis consists of three parts. The first part firstly recommends the history of the active legal system of civic building removing of our country. Secondly briefly analyse the legal characteristics of the legal system of civic building removing. That is the civic building removing have commonweal and it is the working behavior of land consolidation. The civic building removing combines the administrative jural relation and the civil jural relation and it is have timeliness strongly. At last expound the basic theory of the civic building removing one is the public interests and the other is the protection of the private right. The second part mostly analyze the deficiency and causations of the legal system of civic building removing in legislation,removing management and the implementation procedure of removing. The third part is restricting removing that is to ensure the administrative department in charge of government to have his line of duty properly during removing. And to pose some proposal according to the perfection of the legal system of civic building removing. Firstly enact the administrative law of civic building removing and the insertional law of civic building removing. Secondly definite the function of the management of civic building removing and make it to work rightful. Thirdly to increase intensity of judicial review of removed administrative case.