Legal Research On The Interest Balance System Of Urban House Removal

Since the foundation of our country we have been steadily in the way of urbanization. To adjust and perfect the function of our cities we have to remove some old buildings that do not accord with the city's layout, which results in the system of urban house removal. Because of the special land tenure our urban house removal system is different from any of the other countries. As the boom of the development of our economic and urbanization, we had a cosmically campaign of city rebuilding and expansion, which at the same time results in a more severe situation of inconsistency and conflict in the process of removal. And also it impact the social stabilization as well as the economic development. There must be an inconsequence system behind any social conflict, so as to resolve these problems we have to make interest equity to the system.This paper starts from the conception and character of urban house removal and pays more attention on the problems of the legislation and practice of this system. Then it reviewed the urban house removal history and made a comparison of this system in some countries and districts for the sake of finding some useful ingredients to help us out of the difficult situation. After this it came into a conclusion that the actual system design has an obvious interest bias based on the study of relative interest analysis. The administrative statute of urban house removal projects the implement and remedy process from some certain consideration of interests, which actually helped the subjects to pursue their maximal interests disproportionally. Apparently, the present urban house removal system can't effectively ensure the favoring carrying out of removing. So discussing the legal system from the point of interest balance has a realistically significance. This paper tries to analyze the relative interests and rebuild a harmony removal system.