The Research On Urban Housing Demolition Of The Right To Enforce

With the advance of the urbanization process, the urban housing demolition dispute has become the focus of social life. The underlying causes, including the public interest, conflict of laws, public and dislocation of the right, improper operation, and other factors, including the right of the public and dislocation caused by the academic community who explored the most intensely. In recent years, from the case of forced evictions Jiahe and the case of Nanjing Wengbiao suicide, it has been the hardest hit that the cased of forced evictions in demolition dispute. It is the key to solve the compulsory demolition of the settlement of the dispute that decided the right role between the government and the people's court. As the housing and urban forced evictions involving the right to impose the state-owned land, as defined in the public interest, the authority to exercise the right to forced evictions as well as private citizens the right to effective protection and the other major issues, so the city for the demolition of forced evictions have the right to study the reality and the need for targeted.This article is divided into five sections.The first part is "Urban Housing Demolition of the right to enforce the concept of analysis."The first part is summary about the city housing the right to the connotation of forced. The urban housing demolition of the right to enforce is the authority that the people who are refuse to carry out the obligations of the relocation were forced to dismantle the housing by the state organs. Further the author points that urban housing demolition enforcement of the right applied to public welfare demolition, the exercise is based on housing demolition of the award; and the exercise is a prerequisite for the applicant refuses to carry out the demolition of housing obligations. Then analysising of key urban housing demolition of the right to enforce the law attributes.Also pointing out that urban housing demolition of the right to enforce is a type of executive right. In the type of urban housing demolition mandatory is enforced by the court The second part is "Urban Housing Demolition of the right to enforce the legislative basis."In this part the discussion is from outside China and Taiwan, beginning with the land acquisition legislation, and the final analysis focused on urban housing demolition of the right to enforce which is the defects of the legislation in China. This leads to the discussion about the third part of the city on the demolition of housing enforcement of the right of ownership, and ultimately the author made by the people's exercise of the right system for the idea of forced evictions.First of all, through this part of extra-territorial and Taiwan region's main land acquisition, target, purpose, procedures, and other content, which can come to learn from the experience of the following: first, the main power is clear; second, the land must be imposed on public Interests; third, the mandatory levies on the premise that the rights of the people receiving compensation; fourth, in most countries, the judicial power effects intervene in land acquisition, as the private right is the protection of the last barriers.Then the author introduces our unique urban housing demolition legislation. Pointing out that the current norms of urban housing demolition activities of the legislation is based on administrative laws and regulations in China, in accordance with administrative regulations, the city which forced removal of the right to housing is the main executive and the people's court. Further analysis of the executive and the legislature defect. This defect is reflected in the legislative hierarchy and the upper and lower law in conflict; there is no distinction on public construction projects and commercial; and there is unclear on demolition of the main provisions of the ruling.The purpose of this section with extra-territorial and Taiwan region compared to the legislative land, and there is lack of housing demolition in our cities legislation, particularly the right in the city forced demolition of housing. The defect of this article leads to the third part of the sum, the fourth and fifth part respectively on the part of the city housing the right to enforce the main clear demolition, to review the legality of the demolition project as well as urban housing demolition enforcement of the norms of procedure.The third part is "Urban Housing Demolition of the right to enforce ownership." This is a key part of the article, and it is the analysis about the city housing authority the right to enforce the demolition. Which is not only a part of the first and second on the practice of forced evictions and legislative issues, but also the third and fourth part of the system of forced evictions specific design based on the principal.First of all, this part pointed out it is offside that the government enjoys the city housing authority the right, which is the main conclusion from the principle of administrative enforcement of the rule of law, justice and efficiency, as well as balanced and effective judicial supervision of the reasons for analysis. Next, this part begins with the people's court on the mandatory housing enjoyed by the city in line with the removal of the right to the principle of power, executive and the legislature in line with the values and the transformation of government functions in areas such as the exposition, involving citizens arrive at the most basic property rights forced evictions which should be by the people's court to enforce.The significance is clear on urban housing demolition of the right to enforce the main body of the people's court to standardize the implementation of public power and guarantee the legitimate interests of the people who will be pulled down.The fourth part is " Urban Housing Demolition enforcement of the right to review the contents."The significance of determination is the people's court in a ruling on the demolition of the review of the principles and review of the matter. First of all, that the constitution of the people's court may be made on the basis of the principle provides that the demolition of the decision to conduct a comprehensive and substantive examination. Then on the review of the matters detailed analysis and point out people's court is against the government's mandatory application for the demolition of the contents of the review: to review the procedural standards for the demolition of public welfare projects; to the principle of administrative procedures to review the legitimacy of the demolition process; to the market standard review of the complete demolition compensation.The fifth part is "Urban Housing Demolition enforcement of the right to run."This part explored the issue of the system about that people court exercises of urban housing demolition of the right to enforce. Firstly in contact with combination of administrative law theory, the people's court is in accordance with the law enforcement to follow the principle of proportional principle, the principle of prior warning, enforcement and education principles in the process of forced evictions, which should be from the norms of forced evictions and the demolition was to protect people's point of view. Secondly it is pointed out that the forced evictions should be to strengthen the judicial process, and the analysis is on the basis of problems in the judicial practice of forced evictions, making the people's courts to review the compulsory relocation of the period clear, the review of the standards, procedures for the hearing, warned of procedure and evidence preservation program system, and so on. Finally the current legislation is lack of rules about how to relieve the people,and the author believe that we should creat the review, the objection to the complaint, accountability, and other relief system in order to give people the right to relief was the demolition of the channel in the existing legal framework, which should be protected from demolition relief to people the right to the point of view, the reference to the relevant provisions of other laws.