On The Protection Citizen's Rights In The Urban Housing Renovation

Under the new situation, the Chinese Communist Party put forward the strategy of "Governing the country by law and building a socialist country ruled of law"; it indicates the important change of the CPC's ruling philosophy, the only way for the Chinese national early rejuvenation. The essence of the rule of law is protecting the citizen's rights and the core of the rule of law is restraining and controlling governmental authority. Urban housing renovation is a hot issue in the China's modernization process which can not be evaded, and also, many cases in this issue can reflect the status of Chinese citizen's right protection, which is, easily attracted a profound thinking between citizen's rights protection and the government authority exercises, therefore strengthen people's recognition in the necessity of the strategy of governing the country by law.This paper is divided into four chapters. In the introduction, the author uses the incident " Toughest Nail Household in the history " occurred in Chongqing in March 2007 to lead out the status of the depredation of citizen's rights in the process of urban housing renovation and the difficulty of protection in the current urban housing renovation conflict. Chapterâ… makes a summary of the concept of China's urban housing renovation and the history, and introduces the rapid increase of urban housing renovation and the renovation dispute caused by the acceleration of the country's urbanization process. Chapter II is devoted to the citizen's rights involved in the process of urban housing renovation by force. It introduces the citizen property rights, which is a major violation of rights, and also, other associated rights violated at different stages in urban housing renovation. In the third chapter, discusses the reason why citizen's rights are violated in the current urban housing renovation, it goes to make a analysis mainly from four aspects: the abuse of government authority in the urban housing renovation, the legal system, the compensation system for removal and ineffective judicial relief. In chapter IV, the paper says in order to protect citizen's rights, they must establish a sound urban housing renovation system, which is the focus and new idea of this paper. The author believes that the protection of citizen's rights and urban housing renovation are unavoidable realities, we couldn't complete this task rapidly, we need the coordination between them. Presently, the imperfections and weaknesses of the urban housing renovation system are the main reasons of violating citizen's rights, and the only way to solve this problem is to establish a better system. This paper mainly starts with perfecting the demolition legislation, positioning the government authority in urban housing renovation, establishing a fair compensation system and establishing a judicial relief system in the core of the law, to explain that we must improve the renovation of legislation to protect citizen's rights in the urban housing renovation, establish the new renovation law to replace the current regulations, bind the government authority, and improve the current renovation compensation system to make it more justice and reasonable. Finally, in the face of judicial relief, the author stresses the introduction of judicial review system into the urban housing renovation, the abolition of the administrative compulsory renovation with a replacement of the judicial enforcement renovation, and the establishment of a special judicial system is to further protect citizen's rights during the urban housing renovation.