| Large-scale urban expansion and transformation of the old city, began from the 1990s in China , makes urban housing removal inevitable . A large number of housing removal improves people's living conditions , living environment and speeds up the pace of the transformation of the old city , also ensures the smooth progress of the city . But in the process of compensation for removaling , some deep-rooted contradictions expose . In recent years , compensation for housing removal in China has evolved to become one of the areas , which excites contradictions and conflicts the most vulnerable .The "project for people" that should reaffirm the government's love and care has turned out for profit, easily be enforced infuriation "disturbing project" in some place . This phenomenon should not be ignored . For more than 10 years, the country and the localities had many modifications and developed on the compensation and resettlement laws , regulations and rules for removal, but have not fundamentally solve the disputes of the compensation for housing removal, which can not fully protect the interests of the demolition. This paper is the author under the existing main legal basis of compensation for urban housing removal "for the management of urban housing removal (hereinafter referred to as " the Regulations ") and the relevant legal norms , to discuss China's existing compensation for urban housing removal legal issues . Perfecting the system of compensation for urban housing removal against the legal issues to it is full of significance to the city's building , economic development and social stability . In the first part, I will expound the concept and the features of the compensation for urban housing removal and easily summon the development process of the system of the compensation for urban housing removal and the legal basis of the the compensation for urban housing removal . Then the seconed part, through the system of the compensation for urban housing removal of the United States , Germany, and Japan , extracts useful reference worthy of our country. The third part of the paper , I will analyse the legal issues of the China's compensation for urban housing removal stressly , including "the Regulations" has become obsolete to the problem , the lack of "public interest" precisely defined issues , compensation standards unreasonable the issue of reducing the size of the compensation issue , and removal procedures are not perfect and the issue of the legal relief procedures exist in name only . Among the fourth part of the paper , through the analysis to the compensation for urban housing removal , I will put forward the suggestion of improving the compensation for urban housing removal, mainly involving legislative , administrative and law enforcement to three aspects and justice . I hope that through this exposition it can be a reference to some on China's future compensation for urban housing removal in legislation and practice. |
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