The Study On Related Problems Of Procedure In Chinese Urban Housing Demolition And Relocation

We can see that from the demolition of urban housing development process, house demolition is a necessary requirement of urban construction in urban economic and social development to a certain stage in the product. At present, with fast access to China's urban construction stage, the amount of urban housing demolition and relocation rising trend in the scale were tested, and house demolition caused by the disputes have gradually become the most prominent social problems, even a serious impact on the process of urban construction and social stable. Countries have also paid much attention, continuously improved the relevant legal, because the nature of urban house demolition is not allowed to attribute positioning, relocation rights and obligations between the parties to identify clear, so it still can not completely solve the demolition of the difficult problem. The root of conflicts and disputes is from the struggle of interests in urban housing demolition, which is in the macro, conflicts between efficiency and justice as well as compensation for demolition of standards in micro. Anomie demolition process is an important reason for intensifying contradictions in demolition. Procedural and substantive justice require protection, substantive rights of the demolition must through just and fair procedures system to protect, and it is an important way to resolve conflicts demolition of improving the implementation of programs in cities of China.This paper, through theory with reality, makes a deep analysis on China's current urban housing demolition program, and shows that the current problems in the procedure of house demolition and lead to expansion of administrative power, the demolishee almost lost the rights, and to form a serious, non-equivalence relationship and removal a serious imbalance of interest, it can not achieve fairness and justice as negative consequences. In this paper, the causes of these consequences are given by a systematic analysis and emphasis from the construction and improvement of urban housing expropriation system, and propose the improvement of house demolition procedures related measures and proposals : 1) commercial and public benefit demolition should be used in different public welfare programs, the former should be consistent with the general construction management process, and latter should strictly follow the collection and removal procedures for urban housing. 2) the commercial demolition should be evicted out of the scope of management by force, that is the commercial demolition should not be achieved through the collection of private housing program, urban housing in commercial demolition process must be handled in addition to planning, building approval, the record transfer of property rights are being loaded ,it should be the diversification, non-fixed features of the program as the highlight and give full play the potential role in the market. 3) The public nature of the urban house demolition is virtually the city housing levy and demolition, housing levy is the core and the key of the whole process, and it should focus on housing levy procedures to improve the public welfare urban housing demolition program. It based on the various specific program in current urban housing demolition, and combined with the specific problems in practice, to improve the collection process of house: using the city housing process strictly, the collection of compensation should be based on the premise of full consultation, to expand authority of judicial change, reforming judicial system and to ensure effective judicial relief.