Legal Issures Research On Demolition Rights Protection

As the needs of urban transformation and development, the cities in China have entered a peak period of demolition from 1990s of last century, especially since the beginning of this century. Conflicts between the owner of the house and demolition company are serious. Thus the conflicts were erupted, appearing"nail owner"and"self-immolation"and others, triggered a series of social problem.Land is the privately-owned abroad, house attached to the land there. So there is no separate charge to the house. In China, urban land belong to the state and is regulated by the"Land Law". urban citizen only have land use right, collection and management to the house is regulated by"Urban Housing Demolition and Management Ordinance"(UHDMO),this is a unique collection system of the nation.On the surface, the demolition seems to point directly to the house, but the essence is the land use right transaction under the interference by public authority. The owner lost not only the house, but also the share of the land use right in demolition. According to"Property Law"spirit, compensation should be equal to the all loss of demolition, but the UHDMO don't put the land use right into the scope of compensation. Meanwhile, with the market capital participate the demolition, the local government raise the relationship degree with the developer, when there is a conflict , the executive department protect the developer only, this is a typical of"mind their own judge". So the owner couldn't get perfect legal remedies as a protection, which doomed the conflict of interest is bound to become a most prominent place of a city.As from Shanghai House Authority, I have a deep understanding the profound means to the house owner on demolition。This paper reviews the evolvement of UHDMO since the founding of the nation, reflects the significant impact on people's life, indicate the main problem in demolition, and use jurisprudence way to analyze the cause of the problem. That is put the land use right as the part of compensation. Collect the role of the executive department in demolition. Protect the owner's interest more effectively, to create the harmonious atmosphere by"demolition by law, the sun demolition".