Study Of China's Urban Housing Demolition Program

Urban house removal plays a respectable and positive role in urban construction of our country. But along with it, there are a lot of dissensions and even a series of tragic events according to reports. All these mostly because there are many deficiencies in our national actua《Administrative statutes on urban house removal》. The unravel of city premises at one hand pulls down old building and represents the developing direction. On the other hand, if not dealing properly it will influence resident's confidences. The new Rule of Management on Urban Removal from Original Residences was passed by the State Council in June, 2001 and implemented in November of the same year. Comparing with the previous rule, the existing rule has made a big step forward on protection of the rights of residents who are asked to remove from original residences. However, implementation of the existing rule increased the conflict. A series of basic legal questions in the compensations for removal from original residences, such as procedure design and the procedure of judicatory relief, etc. have not yet been solved essentially, thus causing the conflicts occur here and there.Last year, the Chong qing "nail households" for the incident in transition in China's society in various fields have had a profound impact, and in the confrontation lasted more than three years of struggle finally come forward by the local government, so highlighted China's urban housing system in the demolition process the problems that exist. In the text, I intend to use the method of linking theory with reality, to the demolition of urban housing compensation procedures for the review launched on the main line.This paper is divided into four parts, it is described as follows: The first part introduced a typical urban housing demolition disputes ,Chong qing "nail households" incident, and this incident led to existing the problems of demolition urban housing system in the process . And carries on the elaboration from our country urban housing demolition decision stage and urban housing demolition compensation stage. The second part is divided into China's urban housing demolition stage in the decision process on the existing problems. (A) Lack of public judgement procedures. A public judgement procedures and the theoretical basis for practical significance. (B) The Housing demolition permit public participation in the executive power. This paper discusses the housing demolition permit public participation in the solution to the housing demolition of the significance of the dispute.PartⅢis divided into China's urban housing demolition in the phase compensation procedures exist. (1) China's urban housing demolition in the judicial relief on the existing problems. Some foreign countries through the land acquisition system, the combination of urban housing demolition in the current procedures for judicial relief, put China's urban housing demolition in the judicial relief on the issues . (2) the demolition of urban housing assessment mechanism. Focuses on the assessment of China's urban housing demolition assessment agencies do not exist independently ,assess the operation was not standardized, unjust assessment procedures, and analysis of the specific reasons.PartlⅣ, some suggestions have been given for the purpose to perfect urban housing demolition procedure. (1) welfare system judgement procedures Construction decision of public nnterest. put forward by the People's Congress make a judgement on the public interest. (2) proposed the establishment of house demolition in our hearing system and the empowerment of people by the demolition of certain administrative licensing decision. (3) and put forward to thoroughly solve the city's housing demolition judicial relief must take civil action or arbitration monorail system roads. (4) Finally the need to establish market-oriented mechanisms and the assessment of an independent assessment of institutions, and put forward the construction of housing demolition scientific evaluation mechanism of the key points.