Study Of Urban Housing Demolition Legal System

With the progress of urbanization, a large number of urban houses are required to be demolished and relocated; meanwhile, with the establishment of socialist economic system, relations about property rights are getting more and more complicated during the demolition and relocation ,so are the civil relations; especially as the housing system reform is continuously deepened, personal ownership of housing rights enlarges its proportion, housing system reform promotes housing commercialization ,market factors on compensation and. relocation of the demolished houses are taking up an important status, and that the protection of civil property rights during the course of the demolition and relocation of urban houses has aroused much more attention. Actually concerning how to protect legal property rights of the owners of the demolished houses and to standardize the course, still something inappropriate in current laws and regulations, together with the chaos in legal orders, lead to various contradictions which are erupting one after another during the course.The state council introduced "Regulations on the Administration of Demolition and Relocation of Urban Houses" in March. 12,1991,which marked that our national administration of demolition and relocation of urban houses has steped into legalization and standardization .New"Regulations on the Administration of Demolition and Relocation of Urban Houses", approved in June 6,2001,marked our national administration in this respect has again come into a new stage. However,the relative problems haven't yet diminished or disappeared because of the amendment and introduction of this regulation ;still many striking contradictions and conflicts exist in the course of the demolition and relocation of urban houses, and also in the legal procedures, which then severely affect social stability.Based on the "Regulations on the Administration of Demolition and Relocation of Urban Houses" approved by state council in June 6,2001,in accordance with theories in civil law and associated with working practice, the thesis, starting from theconstitutional protection and limitation of civil property rights, offers relevant measures so as to perfect the system of demolition and relocation of urban houses. The thesis can be divided into three parts of discussion:Firstly, the main problems during the demolition and relocation of urban houses in our country are analysed in connection with practical cases so that the source of such problems can be found out. The practical problems during the course, especially the collaboration of developers, government officials and the management department of the demolition and relocation of urban houses, infringe on the legal rights of the owners of demolished houses. In some areas, the wide range of demilish and relocation of urban houses has later evolved into rude infringement on civil property rights of houses, leading to social unfairness and instability, and causing fierce social contradictions, whereas those owners of demolished houses take up a weak status during the course ,so often times they would find no relief channels when there's infringement on their legal residential rights, which should be protected by constitutional law.Secondly, existing problems in theories of the demolish and relocation of urban houses and also in legislation, among which the most obvious phenomena are unclarity in defining some fundamental legal concepts and public interests, chaos in legal systems and unscientific basis of compensation during the course of demolish and relocation of urban houses.Thirdly, the thesis offers own points of view on the relief system and the perfection of laws on the demolish and relocation of urban houses. First, from the angle of legislation, establish the guiding principles of laws and regulations on the demolish and relocation of urban houses, delimit appropriately public interests, seperate government from enterprises, and define legislatively the compensation for the state-owned land use right, make a clear distinction as to whether the demolish and relocation of urban houses is for welfare or for commercial purposes, establish methods of punishment relavant to legal administration; secondly, put forward blueprints of perfecting relief system, i.e. different relief procedures for differentkinds of demolish and relocation, establish the relevant administrative and judicial relief system to protect civil rights of private property against any infringement from any person or organization, so as to realize their constitutional rights.