Research On The Forced Housing Demolition System

What this paper studies is the forced building demolition system which belongs to the civic housing demolition. It is an important system in the present real estate development. In recent years, China's real estate market, especially the urban real estate market had happened an unprecedented new situation. Longing with Price's "ever-changing", real estate development showed the general trend of surging. At the same time, the housing demolition which related with real estate development has becoming more and more frequent. As a pillar of the local economy and the main source of financial revenue, the various local governments pay more attention to the real estate industry. From the GDP value which contributed to the various local governments, to a certain extent, the real estate dominates the local economic momentum.This paper based on the forced building demolition system which belongs to the civic housing demolition. This paper focus on the drawbacks of existing laws and regulations which have something to do with China's urban housing demolition. The forced building demolition system exists some disharmony and Imperfections. And the Forced evictions system will have an important pact on the private property rights of citizens. And because China's current legal system has yet to improve, moreover there are deeper system absence, China's forced evictions system is need to be further improved.Our country "Property Law" has been officially implemented. In this code, explicitly for the protection of lawful private property, Thus coincides with the amended Constitution. Property people enjoy housing property rights, so owner should enjoy a legitimate receipts which brought by the housing authority. The current real estate development in the city, whether public or commercial development of the real estate, There are violations of the legitimate rights and interests of property rights. To be removed and relocated in urban housing demolition are in a weak position and their Interests are impaired. Therefore in the interests of urban housing demolition, they play with a disadvantage game, so they do not have the right to speak loudly.In recent years, the demolition of urban housing demolition in the violation of property rights and personal rights of the barbaric demolition of fatal incidents, there have been frequent and serious impact on social stability. Demolition was between the people and local governments are increasingly acute contradictions. This shows that the mandatory removal system problems, we must attach great importance to this issue.In urban real estate development, there are full of competition between the parties. The government pursuit of economic growth and high performance of the officials, so it is do everything possible to encourage real estate development. As the tertiary industry, Real estate in boosting the local economy is obvious, so Government virtually formed a dependence on it. At the same time, the real estate agent in pursuit of unlimited residual value and exorbitant profit. Therefore, in the process of housing demolition they are do the most positive performance and acts of the most abundant means. From all over the demolition of the current practice of view, the person which to be removed and relocated was to become the greatest victims of this game. Within a certain range and even intensify social contradictions, seriously affecting social stability because the legal system is not perfect and ignored to protect the interests of them in the housing demolition. It can be seen which Emerging a series of "nail households" from the past few years, Urban Housing Demolition was to protect the interests of the demolition has been delay and The demolition system itself should be undertaken the necessary reforms.In this paper the first part is proceeding from reality and Focus on the consideration of China's current laws and regulations for demolition. Use this as a breakthrough, Careful analysis of the forced housing demolition system which belongs to the civic housing demolition. By analysis, the author founded that the forced evictions system which stipulations in the "Urban Housing Demolition Management Ordinance" is plagued with problems. Firstly, the "public interests" issues, although in China "Property Law" to be clear, However, due to the "public interests" to the reunification through legal definition, so China's current urban housing demolition in the demolition did not distinguish between the public interests and non-public interests demolition. In the current, under the conditions of which demolition laws do not distinguish between the public interests and non-public interests demolition, Justice forced evictions and demolition of the mandatory also impossible to distinguish. This article holds that distinction must be made between these two demolition and avoid non-public interest demolition also use the forced evictions as a form of violence. How to resolve the drawbacks which do exist of current forced evictions system, the author believes that we must give a reconstruction to the existing forced housing demolition.In the second part of this paper the author suggests that "public interests hearing system" should be introduced to the housing demolition. Through this system, It is reasonable to use the hearings to determined the case of a demolition whether is in the public interest or the demolition of non-public interest. Turn in time for the judicial system, In this paper, the public interest advocate for non-judicial demolition can only be applied forced evictions and demolition could not apply the mandatory. The public interests demolition should be used the original judicial proceedings but the author raised several issues premise.So by analyzing the drawbacks of the current forced evictions system, This paper proposes a reconfiguration of the system and formed a new system of forced evictions. as we know forced evictions system is very rigid and it is similar to a "nuclear-weapon-free" system. For the building of a harmonious socialist China it will play a reverse role. In the case of this system can not be demise, this paper proposes to use this system restrictively. Through research I believe that the right to compensation for land use missing is the main reason which is happen to forced demolition. In order to limit the use of mandatory removal system, this paper does a detailed analysis of land compensation's hope that throughout this exposition, it will contribute to the progress of the forced housing demolition system in the future.