| With China's deepening reform and opening wider to the outside world accompanied by rapid economic and accelerating urbanization in the new century, demand for land has witnesses dramatic increase, which lead to large quantities of lands has been expropriated. Urban Housing Demolition has become a hot social issues gradually. Urban housing demolition is an important product of urban construction, which is a major mean to improve people's housing conditions, reconstruct urban and improve the urban environment. As the strengthening of the protection on private rights of citizens by the nation and individuals, the amendment to the constitution and the Property of the People's Republic of China had been released on 2004. How to protect the legal rights of the house owners has became an important issue in the management of housing demolition. Many elements got involved in the housing demolition with the coordination of Public and private interests as the core , which is also the focus of the dispute. This system of urban house demolition will be studied from the perspective of private law.The article first discusses some basic problem of urban housing demolition, including concepts, legal characteristics, basic types, its relations with the Imposing, and so on. Among them, the research of legal nature is innovations. The article clarifies the basic types of urban housing demolition, then analysis the legal nature of the each two types. In analyzing the relationship between house demolition and imposing, the article elaborate from the perspective of Action Reason and Action Result. According to newly revised regulations imposed, only the government can be the demolition.Article then analyzes China's urban housing demolition in the history and current status. For the history of system, the article comb the system from the establishment of new China to the cruent grasping the context of time. When analyze the situation, with " Regulation on the Expropriation of and Compensation for Houses on State-owned Land" as a Critical point, the article analyzes the city the former main problems in house demolition ,and also Article made a comment on the new Regulations.Finally, the article discusses how to find a balance between Maintain the public interest and Protection of private rights of citizens, which is the most central issue in urban housing demolition system. This section first defines the concept of public interest, and the interests of public concepts of were analyzed also. Then the article analyzes the Private rights system existed in the turban house demolition, including the construction land use rights, home ownership, right over the property of another, the lease-hold rights of tenant, etc. Article then analyzes the reason and performance of the conflict of public interests and private rights a. Finally, the article design the system on how to balance the public interest and private rights. |
