Reflection And Improvement Of China's Urban Housing Demolition System

Urban housing demolishment and relocation is increasing rapidly, with the fast developing economic and urbanization process. The eminent domain, which plays a quite important role in city construction and development, which concerns to protect citizen interests, maintain the social stabilization, improve the urbanization process and promote the local economic development. In recent year, the urban has been constantly reinforced its core statusin local economic development. Accordingly, the urban construction has been increased its scale and speed, in accordance with which the eminent domain has made a tremendous scale also. Consequently the interests conflict among the government, the remover and the removed has become more furious, which brings much more social problem and conflict raises common social attention and becomes social focus.The article firstly makes an analysis of present system of urban housing demolishment and relocation in the country, finding shortcomings of existing system. Secondly, it explains the behavior of relocation subject in the housing relocation system using cost-benefit analysis and Game Theory. The author thinks that action occurs in the system, by analyzing those unreasonable behavior of the relocation subject during the relocation process, we can find the reason causing system weakness and basis of system perfection correspondingly. Thirdly, the author makes a comparative study of urban housing relocation system among major countries and areas around the world, using their experience for reference in order to perfecting urban housing relocation in our country. Lastly, based on our country conditions, the author makes suggestions for system perfection in the light of the existing weakness of urban housing relocation system in our country.From the perspective of public right implementation and private right protection, the author thinks the issue to the public right implementation in the course of urban housing relocation, is in fact an issue to the role of government in the relocation progress and corresponding rights implementation, and the issue to the private right protection is that to the legal, reasonable, timely and enough compensation for the private property to the relocated people. The major suggestions to perfect the urban housing relocation system in the country are the following:(l)according to the different nature and purpose, urban housing relocation differs from public and commercial purpose. The government is one party to public relocation, in the name of representative of public interests instead of an public land owner ,who implements public rights of administrative collection, meanwhile, commercial relocation could only conduct after agreements on compensation between developer and the relocated person, the government public right empowerment should withdraw from commercial relocation domain.(2)In the aspect of public right implementation, government should play a role of public service provider in the course of urban housing relocation, being a planner of housing relocation, a regulator of norm, an inspector of market order, a promotor of public involvement , and a coordinator of public interests and private interests.(3)In the aspect of private right protection, hearing system should be introduced in order to improve negotiation capability of the relocated, protecting his progress right. Also, a scientific and reasonable compensation system for housing relocation needs to be established to protect the in-kind property rights of the relocated people.