The Discussion On The Legal Matters Of Civic Building Remove In Our Country

As the expanding of city and improvement in structural technique, the structure of the city needs to be improved according to the demand of economic development and people's life. The backwardness of the existing buildings and adjustment of city layout make civic building remove as a necessary choice. Meanwhile, the development of economy and adjustment of life style also need to strengthen the function of city, thus the reforming of lands and reconstruction of buildings become an objective reason for the existing of civic building remove. Essentially, because land is a nonrenewable resource with scarcity, the relevant regulations enacted by the state, as a social governor of land, are public management policies. According to the theory of social obligation in law, the state limits the private rights for the purpose of public interests. This kind of limitation surely shall be based on the regulations of law, abidance of justice procedure and performance of fair compensation. Our state is undergoing the fast rising stage of economic development, and the face of cities has been changing with each passing day, therefore, the abundant civic building removes are emerged. Discussion on the legal issues of civic building removes to provide a practice way is the duty of law students."Real Rights Law"which is just promulgated has provides some more regulations for civic building remove. In the light of this, in accordance with"Real Rights Law", this paper analyzes the stipulations on civic building remove. Four chapters are as follows:Chapter One, after analyzing the conception and legal characteristics of civic building remove, it discusses the objective reasons and basic theories of civic building remove. Then, it'll clarify the relationship between civic building remove and compulsory purchase through comparing the conception of them and make a conclusion that the essence of civic building remove is an activity of compulsory purchase based on public interests. Chapter Two refers the analysis on the existing regulations of civic building remove in china, which includes the analysis on the letters of law and problems emerged in practice. It is pointed that the problems existed in civic building remove lie in ambiguous definition of public interest and unclear procedure as well as practice problems caused by vague compensation standards.Chapter Three adopts an analysis way of comparison method to figure out the law system combined with the judgment of remove purpose, the safeguard of justice procedure, as well as the standards and implement of compensation in accordance with the analysis of similar system of civic building remove in America, German and Japan. Chapter Four is the suggestions to improve the regulations of civic building remove.Discussion is based on three conditions to achieve the public interests ( justice procedure, fair compensation and judgment of public purpose) .It is advised to Improve legal system of civic building remove by defining the substantiality and procedure of public interests, setting initial condition of compulsive implement, setting the principle of legal procedure of proclamation and hearing, judicial case review and establishing reasonable compensation standards.