A Number Of Issues In Urban Housing Demolition, Legal Research,

With the rapid economic development the urbanization appeared as the shadow follows the form, which means that large-scale land development and housing demolition. Urban Housing Demolition is a significant practical problem which is in relationship to the urban construction and development, and relationship to the protection of the interests of the masses, safeguarding social stability and promoting the process of urbanization, promoting regional economic development. In recent years, urban construction's scale, intensity and speed have been enhanced expansively, the scale of the demolition was dramatically inflated, and the conflict of interests has become increasingly fierce. The process of the Urban Housing Demolition relates many aspects such as the compensation, the government staff's special interests. How to balance those various interests? How to resolve the problem when the various interests conflict? It is the demolition process that must resolve these problems. In practice, however, problems are often not well resolved, which lead to fierce conflicts such as citizens'Self-immolation by setting themselves on fire. "Warmth demolition",and "Morale project" are seldom mentioned. The words of "violent demolition","barbaric demolition"are in the highly frequency use. In a wide range of issues, compensation for the demolition is the focus of dispute , unfair compensation is the main phenomenon.From a jurisprudent perspective, the author analyzes the meaning and the nature of the urban housing demolition, then inspects the problems existing in the demolition , and points out the need to improve the demolition. For solving these problems, the author points out the corresponding countermeasures from a jurisprudent reflection, and all that is to find more reasonable and lawful measures of the demolition, to guarantee the state power is functioned for the interest of the people, to make sure that the government administrates according to law and protect the private legitimate rights and interests effectively. Apart from the Introduction and Postscript this paper is divided into three sections.In the first part ,the author presents the process,characteristics and the stage of development of Urban Housing Demolition, and defines the nature of urban housing demolition so as to lay the setup for the following chapters of this paper.In the second part, the author sets out from the actual conditions of urban housing, and selects the three typical problems. These three issues are: the problems existing in the urban housing demolition's legislation,the invasion of citizens' property rights, the abuse of the public interest while its real aim is to go on a commercial demolition .These problems directly result in the invasion of the private property of the demolished buildings owners, and also creating the doubts of the validity about urban housing demolition.The third part is on the basis of the second part, in this part the author argues the question of how to resolve those problems the above-mentioned from a jurisprudent reflection. In connection with the question of legislation, the author believes that the Constitution principle should be persevered on the basis of the united legislation, and the inappropriate laws or regulations should be modified, etc. So as to safeguard the legitimate rights and interests of owners of demolished buildings institutionally; as the problem of the citizens' property rights that can not be properly protected, the author advocates that property rights of citizens should be effectively protected from the procedure and the entity point, as the abuse of public interest, the author believes that the public interest can be defined, and proposed the method to define it.