On Legal Protection Of Property Rights By The Demolition Men In Urban Housing Units

Urban housing demolition refers to the legal action which dismantles the old building in the city, withdraws the right to use state-owned land, makes compensation for the resettlors' losses in needs of nation-building, city-beautifying, environmental protection, real estate development. How to protect the property rights of the resettlors has become a hot topic of discussion. Because urban housing demolition legal norms are not sound and do not distinguish between commonweal housing demolition and commercial housing demolition, and the government abuses the administrative power,and the right to use the land is not protected effectively, the property rights of the resettlors are subject to serious violations , which leads to more and more vicious incidents and makes a serious impact on social stability. This makes us re-exame China's urban housing demolition legal system. China's existing laws and regulations have many problems that can not protect the property rights of the resettlors fully and effectively, and current domestic theories mainly concentrates on issues such as compensation and forced evictions. As to the legal protection of property rights of the resettlors, the systematic analysis and verification is not enough in theory and practice level. The legal protection of the property rights of the resettlors is an unavoidable legal issue in urban housing demolition. The article ,which studies urban housing demolition from the angle of the legal protection of the property rights of the resettlors, has profound theoretical significance and the meaning of social reality : it is conducive to establish and improve the relevant legal systems of urban housing demolition, provides a scientific and rational legal basis for the practice of urban housing demolition so as to protect the legitimate rights and interests of the resettlors better and promote social harmony and stability.The article includes three parts, about twenty thousand characters.The first part introduces the concept of urban housing demolition briefly, discusses the main viewpoints about the legal nature of the demolition of urban housing and the problems which exist in the legal protection of property rights of the resettlors. Commonweal housing demolition and commercial housing demolition are different in legal nature. It should be a distinction between them. Commonweal housing demolition should be part of the executive legal action, while commercial housing demolition is a civil act. Then discusses the main forms of infringing the property rights in the housing demolition. Finally, analyzes the reasons for the violations of property rights. The fundamental reason lies in China's current legal system, which has great defects.The second part analyzes three key issues in building a system of legal protection of property rights in detail: First, define the meaning of "public interest" scientificly. The public interest in the demolition of urban housing should have the standards of "necessity", "non-profit" and "common welfare". Secondly, the government's role in the demolition of urban housing should be defined reasonably. The government should play a key part and assume its legal responsibilities in commonweal housing demolition. In commercial demolition, the government should not intervene the transactions between equal entities and only acts as a market regulator and service provider. Thirdly, the standards and the principle of the compensation should be established. In commercial housing demolition , the compensation should be made for the resettlors' losses according to the rules of private equivalent. The principle of full compensation should be implemented in commonweal housing demolition. The scope of compensation should include the value of the land . The market price of real estate assessed should be used as the basic criteria for monetary compensation.The third part puts forward to some legislative proposals of perfecting the system of the protection of property in China's urban housing demolition. First, the legal nature of commonweal housing demolition and commercial housing demolition should be defined separately, and the regulations of commonweal housing demolition and commercial housing demolition should be established differently. In commonweal housing demolition, administrative hearing system should be introduced and the ruling procedures should be abolished. In commercial housing demolition, demolition negotiation mechanism should be established, and the pre-demolition administrative ruling and the mandatory administrative demolition system should be abolished.Urban housing demolition is a practical and theoretical problem. The article combines legal practice and related legal system, the legislative overview and other theories, takes the methods of theoretical analysis and empirical analysis , straightens out the legal relationship in Urban Housing Demolition, distinguishes the different legal nature between commonweal housing demolition and commercial demolition demolition, and based on this, discusses the different legal systems of commonweal housing demolition and commercial housing demolition in order to find the solution to the legal protection of the property rights of the resettlors.