Discussion On The Real Right Protection In The Demolition And Removal Of Urban Houses

With the development of Chinese urbanization,people pay close attention to the protection of the real right involved in the demolition and removal of urban houses. The protection to the private property rights of citizens has become one of the social hot topics.The essential matters are to respect the private property rights owned by the parties of the houses to be demolished and relocated,and to make a fair,just and reasonable compensation for them.At present,there is no distinction between the public demolition and removal and the commercial one,and the demarcation line is not clear between the private right and the public right.The demarcation of the public interests is fuzzy and the administrative intervention is exaggerated.All of these phenomema have caused the demolition and removal of urban houses to be the point of collection of all sorts of social contradictions.The government departments are often difficult finding a balance between fairness and efficiency.The shortcomings existed in the aspect of legal system during the demolition and removal of urban houses have caused the protective mechanism doesn't work properly to the rights and interests of the parties of the houses to be demolished and relocated.The concrete expressions as follows:To abuse the public interests,unreasonable system of compensation for demolition,relocation and resettlement,unperfect system of price assessment,bad system of intermediary service,especially harmful complsory system of demolition and removal,etc.The protection to the private property rights of citizens should be strengthened in the demolition and removal of urban houses.A scientific,fair,just and perfect legal system must be set up,coordinating the relation of interests between the demolishers and relocators and the parties of the houses to be demolished and relocated on the basis of the public interests is predicated,perfecting compensation system of the demolition and removal of houses in our country.In particular,to define and standardize the position and role of the government exactly in the demolition and removal,acquire an awareness to protect the private property rights of citizens from the modes of thought,maintain our social harmoniousness and stability,dispel all contradictions in the demolition and removal as soon as possible.