Rosearch On Administrative Compensation For Urban House Building Relocation

Along with the urban construction as well as urbanization acceleration, the relocation dispute gradually became a social question, however, at the present our country has not formed the unified understanding to the civic building relocation behavior's nature, about civic building relocation compensation content. Also only then some principled stipulations, and land's the standard is not unified, has not formed a perfect civic building relocation compensatory regime. This article unifies legislative present situation and relevant system present in our country, had the problem to carry on the discussion in view of the civic building relocation compensation, to construct our country's civic building relocation administration compensatory regime made some analysis and ponder theoretically, hoping can regarding consummating the civic building relocation legislates the meager strength, the actual problem which faced for our country urbanization construction in provides some new mentalities and reference.The first part of this article main utilization basic law theory from the civic building relocation administration compensation's nature and in the civic building relocation legal relationship and civic building relocation administration compensation's constitution and rationale three angles carries on the analysis, the elaboration present our country city relocation behavior as a whole is one public welfare administration collection behavior, and pointed out the urban relocation administration compensation the rationality and necessity.The second part introduces and analyzes our country present stage civic building to open to move the administrative compensatory regime in the question which legislating and in the practice existed, thus drew out the friendly our country city to open to move the systematization ponder of administrative compensatory regime.The third part is this article's central content, first from the legislative aspect, emphatically opened to move administrative compensation principle, scope, way, standard, procedure and other aspects from the city to ending the friendly city opens to move the administrative compensatory regime to carry on the refinement, has provided the new mentality for our country administration ending of compensatory regime friendly. Next, opens moves in the administrative compensatory regime "public interest" to carry on the correct limits regarding the civic building, the civic building opens to move the question for "public interest" to occur, therefore in the market after the Jinan condition, carries on the strict theory limits to the public interest and scope is the key is. Finally, carries on regarding government's role and function locates, causes it to open to move in the civic building the process to display its public administration well the function.