| With the development of China's urbanization, the contradiction caused by urban house demolition is sharply increased, some local governments even have intense conflicts with the people, resulting in bloodshed, which are causing widespread concern. In recent years, our leadership attached great importance to the establishment of urban house demolition and improvement of the system, in 2004, the State Council issued the act-the strict control of the scale of urban house demolition and strong management, which called the local government should stick by the overall urban planning and construction planning, stop and correct the existing utilitarian, blind comparisons of a large demolition and construction behavior. In 2005 the Ministry of Construction promulgated the act of Urban Housing Demolition Regulations, which has become an another guiding normative legal documents. Last year, to revise "Urban Housing Demolition Management Regulations", the State Council Legislative Affairs Office has twice issued to the community the housing levy and the compensation on state-owned land (draft) and listen to feedback.Urban Housing Demolition system adjusts to the activities of the housing levy and compensation on state-owned land for the public interest, constrainting three party's legal behavour which are the demolished party, the demoliting party and the government. Athough the system has been gradually improving since the found of our country, but so far is no uniform law, just scattering amony the consitution, Property law and city planning law,urban housing demolition, which is not only realated to the protection of citizen's private property and living right and other basical human rights, but is also related to the development of state and society, so its establishment and improvement is very important. In 1991 the State Council promulgated the Urban Housing Demolition Management Regulations, is a product of China's economic reform, reflecting the transform period's characteristics of our country from a planned economy to a market economy. It states clearly in which condition the regulations may be used, and the ways of resettlement and compensation, the establishment of assessment mechanism and so on, which determines the basic direction of for future amendments.As the development of China's market economy and the initial completion of the socialist legal system and the arise of citizen's self-awareness, this regulation is in a number of difficulties, For example, the confusion between commercial interests and public interests, evaluation and compensation is not in line with market rules, the power of forced demolition is abused and illegally violented demolition continually emerged. In 2011, the State Council promulgated the "the housing levy and Compensation on state-owned land Regulation, " which is different from the old "Urban Housing Demolition Management Regulations" of strong executive order colors, it restrains administrative power, makes clear main responsibility, reflecting the requirements of maintenance and protection of citizens personal or property rights. For the difficulties of "Urban Housing Demolition Management Regulations" in the implementation, the new regulation strictly provides the scope of public interest, requires that the demolition application should be substantially reviewed, bulid the evaluation mechanism more specific and fair, complete relief procedures and ban the demolition of violence and safeguard the demolition of the main party's legitimate interest, however, there are still many inadequate. In this paper, I maily use the historical comparison and specification analysis, research the displacement policy of the city's development from both horizontal and vertical perspective, make an in-depth analysis of the existing problems from both the macro and micro level. Overall, the text is discussed by the time of the system, the content is gradually promoted. First, this paper explains the concept and the basic features of urban house demolition system, and then make the compares, finding their historical context of its development and historical background; After that, taking the demolition of the existing urban housing regulations and policies for the study, it is maily focused on the recently introduced and issued two regulations--"Urban Housing Demolition Management Regulations" adnd "The housing levy and Compensation on state-owned land Regulation",make an analysis on legitimate interest-protection, improper exercise of administrative power, the absence of property evaluation mechanism, the principles of unreasonable compensation and the abuse of the right of forced demolition and so on. Finally, making a research on 2011 newly introduced "the housing levy and Compensation on state-owned land regulation", I make a detailed analysis of its progress and shortcomings, and further make some suggestion of how to improve the urban house demolition system.Apart from the introduction and conclusion, there are four charters in this paper, and the main contents are as follows: In the first part, this paper maily makes a study on the basic concepts and characteristics of housing demolition systemand, and then tease out the urban housing demolition legislation from the country-founding to the present, described the existing of housing demolition legislation system, and explain the need for urban housing demolition and the importance of legislation.In the econd part, this paper make an analysis on the main features of 1991 "Urban Housing Demolition Management Regulations", and ge out its postive role in legislation or in reality, nextly combining with the problems and difficulties in the practice, find the reasons from the executive power, regulations itself and the demolished party.In the third part, this paper make further analysis on the newly published 2011 state-owned land on the housing levy and Compensation Ordinance, comparing with the "Urban Housing Demolition Management Regulations", get out its progress and its inadequacies.In the fourth part, this article take a propose on how to further improve urban housing demolition system. |
