Urban Housing Demolition In The Public Interest Research

Urban Housing Demolition issue is a hot issue in recent years, the central and local governments, including from the private to public media, are all highly concerned about them. The "public interest" and the legality of the demolition is in the heart of the most critical issues.In addition to the full text of the introductory and concluding remarks, is divided into four parts:PartⅡ: Urban housing demolition and public collection overviewPart Two: China's urban housing demolition in the public interest considerationsPartⅢ: the public interest in urban housing demolition in-law of value and performancePartⅣ: house demolition in the city in the public interest to identify the real issues to consider This article focused on urban demolition in the public interest, public interest is the legality of the demolition in the heart of the most critical issues, from an economic study on the "public goods" and even the concept of Law of the law, with a view to the interests of the public to grasp a new Ideas. Both in the public interest to the city as the purpose of the demolition, on the public interest as a clue, the public debate to understand the nature of the demolition among public collection, and then made to determine the legality of the demolition of the substantive and procedural standards: the standards for entities to meet the public good "non-competition ", " Repeated consumption ", " property rights of the indivisibility "of the features. As well as the provision of public goods and the main issues for-profit, public goods outside of the issue of sharing; standard procedures should be public participation in decision-making at the core, to build interest in co-ordination mechanism, including a mechanism to express interest, the interests of the game, as well as mechanisms to resolve conflicts of interest of institutional mechanisms And establish a system of public hearings, public information systems, a number of reasons, and other systems supporting systems.At the same time, the public interest to the needs of the city demolition Guiding legislation, to make public the purpose of the law. First of all, the public should use the principle of legal principles and the principle of proportionality to protect the public interest to achieve the purpose. Second, the clear public interest is on behalf of the government, beneficiaries and the public watchdog is to judge the judiciary is the city of the future demolition of the important contents of the legislation will help the city achieve the purpose of house demolition in the public interest. Finally, the need to use an appropriate way to cite the demolition of public interest as defined in the scope and content. That the public interest should include (a) national defense (including military facilities, etc.); (b) economic development (including the transformation of the old city, urban construction, urban planning, regional economic planning, or elevated highway construction and general road Expansion and transformation, and so on) ; (c) public safety, public health and environmental protection (to deal with natural disasters, fire accidents and public health crisis on the basis of building design, public medical institutions, the construction and renovation, and the dump landfill or other Waste disposal sites and construction of the transformation of the dump and landfill waste disposal sites or other building, public green, to deal with water pollution, etc.); (d) of public cultural undertakings (including the historical and cultural heritage of historical sites and scenic Protection, education, academic institutions, museums, sports centers, parks and public cultural entertainment and leisure construction, etc.); (e) social welfare and relief (including homes for the elderly, welfare, relief stations, re-employment service centers, as well as the construction of the charity set up And so on); (f) other public infrastructure (including public transport facilities, water supply, and other day-to-day power supply for the construction of public utilities, etc.); (vii) to other public interest for the purpose of the public and required The public utilities .The article identified through China's urban housing demolition in the public interest to identify the real problem, that is the purpose of urban housing demolition is not clear, the decision on the demolition of the characterization is not accurate, the Government's role in the demolition, and so on the wrong issues on China's urban housing demolition of the decision to re-regulate , Is about to commercial demolition separate from the demolition, the demolition will be included in the public areas such as public collection.In addition, when the public purpose of the demolition project against another public interest, suggested that public interest litigation disputes such as the dispute settlement mechanism.