Several Problems On Enforcement Of The Removal Of Urban Houses

Enforcement of the Removal of Urban Houses means when the urban citizens and the official can't make an agreement,the Removal department or the government agrees that the relevant department takes the enforcement action or the Removal department asks the court to make the enforcement, if the urban citizens have no warrant reason to refuse removal before the deadline. For the legislation and execution reasons, there are many conflicts during enforcement removal, and it effects the stabilization of society and harmonious society. So it pays to study the system of enforcement removal. This paper comes out some suggestions about system of enforcement removal and discusses the feasibility of the system.The paper divides into four parts:First part: The basic theory of enforcement removal. By analyzing the concept of enforcement removal, the writer figures that the character of enforcement removal is administrative mandatory arbitration. Firstly there is administrative verdict during enforcement removal, and secondly the removers refuse to repudiate their obligation and do not remove before the deadline. Last the final result of enforcement removal is that the removers get their relocation compensation and move away. Therefore, enforcement removal has law character; it is concrete but not abstract. Compare to other administrative behaviors, it has more compliant than others. It has physical character, it is real action, not just mention it, it is something we can see; and it always follow from others. So there are some rules to follow. Firstly abbey the law, not only the mean body, but also the procedure and measure. Looking forward to fulfill the principle of self-relocated persons. Not to enforce the state organs to replace the party's self-fulfilled; minimal loss of principle, must be based on legitimate considerations, from the protection of human rights point of view, chosen to minimize losses caused by the relative rights and interests of the means; relief to the principle of allowing the parties to initiate review or the proceedings the executive authorities should also inform the parties have the right to relief.Second part: the mechanism of enforcement removal. By the Law of on Enforcement of the Removal of Urban Houses, the enforcement removal can be executed either by administrative government or the people's court. The removal which taken by administrative government should have removal verdict as premise, and the main body should be only the city or county government. The removal which taken by the people's court should be applied by house removing manage department within 3 months. There are 3 preconditions: legal removal verdict, the removers refusing to move before deadline and no lawsuit, the removers getting relocation compensation. There are some processes to follow, such as verdict process, intermediation process, compensation allocation process, hearing of witnesses process, collectivity discussing process, propaganda process, notarization process, notarization process etc.Third part: The analysis of problems of enforcement removal. The main problems by administrative department are the legislation over purview, chaos of main body, no or less allocation compensation. The removal which taken by the people's court also has some problems like unneutral position, inefficient execution. The author believes the reasons are the fault of government managing city, the legislation deficiency of Administrative Regulation on Urban Building Demolition and Relocation, the violation of administrative law of enforcement removal. Changes in the government position from the manager into the operators, the Government has its own interests, the process of market competition is difficult to guarantee the fairness of the government of abuse of rights has become inevitable, for performance driven, the Government's forced relocation is inevitable impulse The Government is very easy to evade their obligations, fully according to their own will to promote the conduct of forced evictions.Last part: Some suggestions about perfecting regulations of enforcement removal. The author thinks that 4 steps should be taken, firstly, improving relocation compensation regulation, secondly, the execution right should be taken by the people's court, thirdly, perfecting the regulation of enforcement removal, last, perfecting the procedure of enforcement removal in justice. Clear collection, the premise can only be expropriated in the public interest; specific compensation standards for demolition of persons being adequately compensated; requiring the payment of, the basic procedures for expropriation; the provisions of illegal expropriation, requisition of legal responsibility. Formulated by the NPC Standing Committee, "The People's Republic of China demolition Act." Distinguish between commercial relocation and demolition of public interest, public interest would be specific; clear demolition of the state power configuration, the executive authorities the right to apply only forced evictions; perfect urban housing demolition program, set the public interest, identification procedures, notice procedures for the hearing procedures, compensation for pre-procedure, relief procedures and enforcement procedures; clearly against the forced demolition of accountability; a well-judicial enforcement demolition programs, settings, special proceedings forced evictions, forced evictions detailed implementation process.