On The Legislature Of Protecting The Demolished-Removed Party During Urban Housing Demolition And Removal

In the process of urbanization, land acquisition and expropriation has been a momentum of impelling the development of metropolis and improving the living conditions of the inhabitants. But due to the hysteretic nature of the relative laws and regulations, and the imperfection of the legislations, the demolished-removed party's legitimate right has not been completely protected, thus raised a lot of disputes and lawsuits. For example, the "Jiahe" incident in Hunan province, the "tartar" incident in Chongqing city, as well as the tragedy happened on September,2010 in Fuzhou city, Jiangxi province in which three persons burnt them-selves as protest. The weakness of the demolished-removed party is no doubt a blemish to the construction of socialist harmonious society and it does no good to secure the people's living. This sort of situation has been the focus of social concern and draws a lot of attention to answer the question of whether if there is a solution towards it. This thesis hereby dissertate the legislative matters during the urban land demolition. The author will analyze the faults of now-day's laws and regulations and endeavor to bring forward opinions and suggestions based on the property law and the regulation on demolition and removal of urban houses.This thesis is composed by six chapters. The first chapter is introduction. The second chapter is about the basic definitions concerned housing demolition and removal.The third chapter will put our eyes on all the legislations on housing demolition and removal since the foundation of PRC to 2010. The forth chapter will discuss the shortcomings of now-day's laws and regulations on housing demolition and removal which include the value deviance, the system imperfection, the regulation shortage, the compensation default and the injustice procedures during the executive process. The fifth chapter will adopt the method of comparative law by which observations of other country's legislations are laid out. The final chapter is most concerned with the opinions and suggestions based on legal system about how to perfect the protection of the weaker party.