Legal Issues In China's Urban Housing Demolition

Because of difference in economy, society and culture and different historical of developing path, the land requisition and house dismantlement legislation in each country is different. As a special system in China dismantlement is of political and legal importance. The city house dismantlement is a typical state imposition. It is a system in which the remover demolish the current houses of the resettlors in the national city-planned region under the approval of relevant administration of government because of the development of city construction and compensate as well as arrange for the resettlors Being related to the interest of the government, resettlors and the developer, city house dismantlement is a rather complicated activity of interest war.In recent years along with the expanding of the city, it has already become an important part of city construction in which it involves residents' interests. There is not development without demolition. In the process both city and residents' living conditions are improved but it shall neither cost the vulnerable groups' interests nor violent the private property. Currently the demolition system is not complete in our country so demolition becomes one of the hot issues. Many problems occur in the process including violence of public interests, incomplete procedure, compensation disputes and incomplete disputes appeal system.The writer analyzes the question at the present while city house dismantlement exist, has proposed the imagination of perfecting the dismantlement system. The article divides four parts. The first part analysis the meaning of public interest, in views of the defects in the existing laws and regulations and abuse of public interest in the process of demolition, proposed that the extension of public interest should be defined in the legislative laws. The second part takes the administrative fair procedure at the foundation, to discuss the current problems existing in the city house demolition process, for example, lacking in the procedure to take part in the city house dismantlement procedure, pulling down the city house by force government's power infringes the resettlors' rights. It is suggestion to use foreign legislations a source of reference and put forward some suggestions. The third part analysis the problems in the compensation system of city house dismantlement, such as the principles and standards is not clear, the scope is too narrow, the procedure for determining the compensation package is not conducive to the resettlors, etc. Learning from the foreign compensation policies, to improve compensation system, including legislate "Administrative Compensation Law" to define the principle, scope and standard, establish a procedure to determine the compensation package which is conducive to the resettlors. The four part analysis the nation of the relationship of city house dismantlement and legal disputes. By analyzing the current status of the dispute relief mechanism, the writer provides suggesting that we can use the appropriate administrative and judicial relieves and fully protect the rights of resettlors.