Analysis On The Legal System Of Compensation For China's Urban Housing Demolition

Urban Housing Demolition is an important product of urban construction, which is a major mean to improve people's housing conditions, reconstruct Urban and the improve the urban environment.As the strengthening of the protection on private rights of citizens by the nation and individuals, the amendment to the constitution and the Property Law of the People's Republic of China had been released on 2004. How to protect the legal rights of the house owners has became an important issue in the management of Housing Demolition. Many elements got involved in the housing demolition with the compensation as the center, which is also the focus of the dispute. For the imperfection of the legislation and regulation of the practice, dispute caused by housing demolition has become more and more apparent.Besides the introduction and conclusion, the paper can be divided into four parts. In the first part, it is to describe the basic characteristic of the compensation system to the urban house demolition and briefly describe the development of this system in China, as well as the legal basis of this system.In The second part, the comparative study of the compensation system to the urban house demolition will be made, compensation system in the United States, Germany, Japan will be instructed, and something worthwhile to learn will be extracted. In the third part, it is to describe the current status of compensation system in China. The Beiijing-Tianjin inter-city land acquisition and demolition works will be taken as example to discuss the problems in the practice of demolition work, including Prerequisite of Regulations of the Compensation System of Urban Housing Demolition is ambiguous; Regulations of the Compensation System of Urban Housing Demolition without specific composition standard; Range of Compensation of Housing Demolition is ambiguous and Procedure of the housing Demolition is confusion. In the fourth part, five suggestion on how to improve the Compensation System of Urban Housing Demolition will be come up with, including Clearly defining the Prerequisite of Regulations of the Compensation System of Urban Housing Demolition, Clearly defining the compensation standard of the Urban Housing Demolition, Clearly defining the compensation range of the Urban Housing Demolition, Establishing the scientific procedure of the urban housing Demolition, Improving Legal remedy to the compensation on housing Demolition.