The Demolition Of Urban Housing Demolition Protection Study

With the development of the national economy, civil house demolition is a movement of tearing down the olds and rebuilding the news, caused by the city function adjusting and expanding. Demolisher and demonishee are the main ports in the demolishing, at the same time which is under the guidance of the authority's macrocosm control. Due to the difference of standings, there are complicated benefit relationships between the various sides during the demolishing, which, as a matter of fact, is a contest among powers rights and benefits.The house demolish has contributed to the improvement of city function and city outlook according to the practice in the history of it in our country. But against the background of the social elementary stage, demolishers have absolute advantages to demolishees at the aspects of economical and political and the possession of other recourses. Further more, local governments as the macrocosm managers misused their powers to be partial to demolishers as a result of considering their own benefits. So, demolishees' legal interests are often encroached and can't be succoured in administrative or judicial ways, and they can't do it on their own. As a result, some extreme affairs occurs from time to time because of the demolishing.The problems mentioned above are not occasional but a result of interactions of all kind of complicated aspects during the course of transfer from planned economy to market economy in our country, and it is the result of the reaction of the imperfections of the superstructure on the economic base .It is analyzed form the positive view that the reasons that demolishees' rights and benefits can't be protected properly, first of all, lie in the present law standards, which have not made the differences between the public and commercial, and demolishing purposes not deal with public powers and private benefits , and not clarified the relation between justice and efficiency and have depended on administrative control too much and despised marking adjustment. As a consequence , judicial rules have been weakened.Further more, there have been many flaws in the regulations, such as demolishing permit, administrative adjudication, forced demolishing, price evaluation and compensation and settlement. As for the current laws, they are conflicting the upper laws like the constitution obviously, so the legitimacy of carrying out the laws continuously is questioned. Besides, the alienation of the administrative power is also one of the roots causing demolishees' benefits encroached. Induced by the concept of 'managing the city , the local government ,with the wrong achievement views misled by its own interests and benefits associated with demolishers as a company instantly. Meanwhile, some of the government staff are of poor quality and it causes corruptions, which makes the demolishees encroached double .Houses as one of the most important private possessions in a state are the basic conditions to the people, which is the material basis to perform other civil rights. It must be treated carefully when private immovables like houses are delt with, even the state can not carry out the public powers to pull down the private house with a purpose of public benefits according to the process of the law setting, just administrative complements and for the purpose of public use, including the demolishing for commercial purposes by the demolishers.How to solve the arguments and problems in the demolishing, especially how to protect the demolishees' benefits, should be based on the thinking over the demolishing laws' setting ,carrying out and the practice of just administration, and experiences in other countries should be introduced and the policy of 'thinking the people as the dominate factor' should be insisted on. So, the values, ideologies, principles, technologies and system designs of the laws should be perfected and rebuilt. At the same time, judicial process should be interposed in this area in time and effectively, in which contradictions are gathering, and something has to be done to succoring the demolishee's benefits by the judicial organs, which should play full roles in defending social justice and fairness. As for the aspect of enforcing the laws, it lies in the guidance of the scientific developing view, enabling the administrative departments and their staff's understanding the conceptions of performing powers according to the laws better, making performing powers for the people practicable and strengthening the supervising and restricting their power performing, and so corruptions in this area can be stopped.