On The Compensation System Of Dismantling Civic Houses Of Our Country

Dismantling civic houses is a system which is based on the separation of the land ownership and the house ownership, which has most controversies and tangles in our domestic economic life nowadays. The system of dismantling civic houses emerged with the construction and development of cities, its essence is a kind of extinction of the private ownership, its precondition is the corresponding compensation which the dismantling persons should pay for the private owners. The compensative system of dismantling civic houses is definitely stipulated by the correlative laws in the process of rebuilding cities in the capitalistic nations. In our country, the constitution provides that the civic lands belong to the country. Therefore, when the civic houses are dismantled, the private owners can only get the compensation on the ownership and the value of the houses, the owners' large legal profits are deprived and infringed gratis. Accompanied by much reinforcement of the protective awareness on the right to use national lands; it becomes significant on how to build and perfect the compensative system of dismantling civic houses. At present our country is carrying out the economic construction on a large scale, the task of dismantling and rebuilding civic houses is extremely onerous. Hence it has very important practical significance to establish more rational compensative system and procedure, which should be definitely stipulated by the correlative laws to protect the legal profits of citizens better.In long term our country's pattern of dismantling civic houses which is stated by The Managing statute of Dismantling Civic Houses should be re-scanned and revised undoubtedly. Finally the government's administrative levy action and the developing businessmen's commercial dismantling action would be distracted and applied to different rules and standards. The former action scrupulously abides by the public profit principle, while the latter accomplishes the free treaty spirit. This would be beneficial to protect" the legal rights of the people whose houses are dismantled. And keep the society harmoniously.The thesis has the dismantling compensation to be the discussing object, puts forward a suggestion to perfect our country's compensative system of dismantling houses by analyzing the reason why there are dismantling tangles caused by the house dismantling compensation from the angle of law, system and practice. The thesis has five parts. The first part is the introduction, which summarizes the background and the goal of selecting the topic, the analyzing circumstances and the structure of the thesis. The second part generally demonstrates the dismantling civic houses and the definition, characteristic and the theoretical basis of the house dismantling compensation, it presents that the house dismantling action is the administrative levy action in large proportion, and the corresponding compensation should belong to the category of administrative compensation, the dismantling action and the dismantling compensative action shouldn't be simply treated as the civil act. The third part emphatically analyses the theoretical basis of the civic house dismantling compensation which induces the constitutional protection theory, the public profit theory and the public levy compensation theory of the private estate. The fourth part generally states the history and the circumstances of our country's administrative compensation system of dismantling houses, and the comparison between our system and the external system. It also expounds the hopeless actuality of our country's compensation system of dismantling houses from two aspects of the legislative defect and the practical questions. The last part puts forward the concept of perfecting our country's compensation system of dismantling houses. It deals with the following aspects, such as adjusting the standard of the civic house dismantling compensation, specifying the standard of the civic house dismantling compensation, constraining the powers of administrative organs, perfecting the legislative procedure of the civic house dismantling compensation, diminishing the gap of compensative standards.