Research The Problems Of The Law On The Ubran Housing Removal

The development of the economy promote the development of the city construction, the city reconstructs to establish particularly the reformation of the old city area, usually to carry out with the urban housing removal. The house for the common people that is one of the extremely important private properties, by virtue of housing remove relates to the house owner's interest , so in the process of urban housing removal will appear various problems, the housing removal is aslo to become a sensitive social problems,and wide focus attention by the social public.This paper is from the concept of the urban housing removal and then to analyse the character of it, that is the ubran housing removal is an administration behavior predominate position legal act. At the same time, to induce the relationship in law that the ubran housing removal from the administration law relation and the civil law relation, then point out various problems exist in the ubran housing removal in our country currently , just like the law system and actual in operation, including the problem about the law which adjust the ubran housing removal ,the problem exist in the process of the ubran housing removal currently , the problem exist in the core of move the ubran housing removal which we call compensates and settlement process, and the shortage of the method towards relief the removed persons' interests in current law . By means of analysis to the contents above-mentioned, get the method of how to resolve the problem in the ubran housing removal effectively, on the foundation of improved the related laws, and differentiate between "public welfare removal" and "not public welfare removal" correctly at the base of which is " public interests" , to expect definitely the correct law for different removal which have different characters; Through with impartial and fair of the ubran housing removal procedure, to raise the clarity of make policy the process and the implement process in it; Through with protect the rights of the removed people, just like to know what happened and to participate in decisions, to guarantee its legal rights at most, then make the removed people can acquire reasonable of in compensates and settlement process; Through with established valid of judicatory succour path, make the removed people to have the opportunity to pass while appear dispute fair of judicatory succour support its benefits.At last, this paper expound the system of " public development" in western courntries and the system of " the sunshine removal " in our country briefly, I hope can study more toward the advanced experience, and make use of it in the urban housing removal better and better, to resolve the problem in this field as fair as possible, to protect the legal rights of people in the relation of removal, make the harmony run through the whole process of urban housing removal, then let the urban housing removal make aggressive function for the reconstruction of the city.