Relocation Compensation

As is reformed and opened to the outside, China cities have been greatly developed, which leads to kinds of problems on demolition. The citizens'legal rights and interests are infringed seriously without getting enough attention from the government and the society, and the aforementioned facts are ignored because of the bloom and the confusion of the laws and regulations on demolition. The disorder of the role of the government, the undefined range of the citizens'right and interests and the deficiency of the relevant laws and regulations make the citizen feel disappointed and angry. In fact, based on the development experience, the demolition and the urbanization, which ought to be the citizen-benefit means, shall be the necessary part of a country's modernization process. But in my opinion, it is the unreasonable compensation system that makes the demolition become a terrible conduct at the citizens'sight. Without the land use right and the house property, the citizens'civil rights and human rights shall be protected and the life level shall be enhanced instead of being ignored on purpose. The reasonable and abundant compensation is directly relevant to the justice and legality of the demolition, even more, actually to the implementing of the demolition conduct and the realization of the anticipation of demolition. So the analysis of the demolition compensation makes a significant sense. In this paper, the author would like to analyze the characteristic of the demolition, the legal right and interests in the demolition duration and the standard of the demolition compensation in order to deliberate the citizens'rights and interests. First,the definition of the characteristic of demolition makes it possible to clear the legal relationship of the government, the developer and the citizens; second, summarizing the legal rights and interests helps to maintain citizens'property to the greatest extent; last, learning the experience abroad let us find a standard of compensation appropriately in accordance with our national conditions. The focus is to take human rights and the civil rights as the highest value in the complicated value levels. In this paper, the author pay the most important attention to the citizens themselves and consider that the government shall assume the risk and cost in the value conflict. The author believe that that corresponds with the essential purpose of demolition...