Research On Administrative Misconduct In Urban House Demolition

In recent years,the administrative misconduct in urban house demolition has become a common phenomenon,seriously affecting the construction of a harmonious society.From the results of current study in our country,few people conduct an overall study of it theoretically.This paper makes comprehensive and systematic research of administrative misconduct in urban house demolition by using the basic theories and methods of the constitution and administrative law, administration management,sociology and other subjects,trying to reveal the concept of administrative misconduct,manifestations and causes of the problem and put forward appropriate countermeasures from the perspective of law.The paper first defines the concept of administrative misconduct in urban house demolition,and then presents the manifestation of it:the unscientific urban planning,unclear distinguishing of the public interest, unfair housing valuation,improper demolition procedures,and inefficient human rights protection in the process of forced evictions,which are analyzed in detail in the paper.Subsequently,it points out the harm of administrative misconduct.After thorough analysis of this paper,three main causes account for such kind of administrative misconduct:the conflicts between the public interest and personal of interest,the legislative defects and the lack of supervision mechanism of urban housing demolition.On this basis, combining foreign experience in the demolition of urban housing with the situation of China,the paper proposes legal countermeasures of prevention and control of the problem from four aspects:to establish the idea of modern city house demolition,to perfect the housing-related legislation of urban demolition,to raise the level of law enforcement of urban house demolition,to strengthen the supervision of the urban house demolition.