On The Demolition Of Urban Housing System Reconstruction

As China's urbanization, urban housing demolition is increasingly becoming the focus of attention.Urban Housing Demolition is the result of nation-building, transformation of the city, straightening out the city and the need for environmental protection, demolition under construction plan in accordance with the law on urban planning in the region of the state-owned land be dismantled houses,were removed for housing or the use of all people to be relocated, and demolition of houses by the financial compensation to all activities, is a state-owned land for redevelopment. Demolition is a wide range of people involved in the demolition, relocation, housing, administrative organs, organs and dispute mediation market intermediary organizations, should be carried out in accordance with the law and safeguard the legitimate rights and interests of the demolition.Demolition of the substance should be an administrative charge, but in our present system, the demolition did not distinguish whether the public interest with the premise that the act was imposed alienation. Demolition of the existing system of legal protection of property rights, inequality, the demolition permit did not set the full protection of civil rights, the removal system in contradiction with the property rights system,demolition of public interest, the premise is not clear, the expansion of government power and functions of the lack of local legislation in the executive power of civil rights, improper restrictions, in the assessment of the housing difficult to achieve a fair, timely and effective relief program can not resolve the dispute demolition.Demolition of the institutional problems mainly due to the authority of the Constitution had not been established, the executive power is not an effective constraint, resulting in too much emphasis on the public right of privacy protection to ignore. The institutional problems can only be reconstructed through the system to achieve. It is therefore necessary to uniform legislation, the development of urban housing demolition of a law, straighten out the legal norms of inter-relations, The distinction between public good and the removal of non-public demolition, legislative restrictions on local authority; at the same time through a system related to the improvement of the realization of the demolition of public participation and supervision, restrictions on the exercise of administrative powers to ensure public oversight of government;by changing the assessment of the demolition of the tendency of the executive to make a fair assessment of the forensic examination of the full functionality of the play; way to broaden the demolition of relief, the distinction between civil and administrative remedies, strengthen the act of demolition of rationality review, the demolition of relief to achieve a just, so that the interests of all parties in urban housing demolition in the maintenance of equal.