Analysis On Government Responsibility And Interests-protection For Resettlers' Rights In Urban House-demolishment

Along with the infrastructure construction and the urbanization process, there are still large quantity of bungalow and old houses, which become the stumbling block preventing the development of city. Because unable to produce the greatest utility, the old district reconstructs is the inevitable requirement to city development. The city reconstruct is more and more important in the recent years, which make the house demolishment all over the country and attracted widespread attention. There still a lot of more problems in house demolishment of our country at present, which cause the dispute produce constantly. These problems seriously infringe the resettlers' legitimate rights and benefits, and initiate a large amount of people to appeal to the higher authorities for help, and also influence the social stability. Resettlers' rights and benefits protection not merely concerns the vital interests of the huge numbers of families, and also influence the project finish in time. It concern the stability of society and country even more. So, protecting the resettlers' benefit and rights well in house-demolishment will greatly promoting social stability and economic development.This paper first defined the meaning and the range of the resettlers, then deeply explain the necessity of resettlers' rights and interests protection through analyzing the rights and interests in the demolishment, including citizen's fundamental rights, and interests based on house and in the course of demolishment. On this base, show the facts that the resettlers' interests and rights were infringed in demolishment. Then began from the structure of the law, detailed analyzed the drawbacks of constitution, law, administrative statute, rule, technical standard and then analyze the flaws on the government's idea, procedure, organization structure and manner, and analyzing the defects of the public interests confirm mechanism, citizen participate and consulting, assessment and the disadvantaged groups protection. At last analyzed the defects of some human factors. Then through the foundation of the role of the government in demolishment, the paper give the government five suggestions, they are : protecting human rights and property right, making the public policy, regulating various interests relations, creating the fair competitive environment of market and offer the suggestion of the realization way on completing law , dredging and dismantling the appeal and relief route, strengthening supervisory system, establishing the hearing system, completing theemployment protection.