Study A Number Of Issues Of China's Urban Housing Demolition Dispute Settlement Mechanism

In order to adapt to the rapid development of economy and the growing population of cities in China, the urban construction change with each passing day and the scale of the city is undergoing massive expansion. For the limited land resources, the requirement for reconstructing old cities and the planning changes, the urbanization always accompany the house dismantlement. Concerning the basic benefit of those being relocated and the developers always try to pursue the maximal profit. Only a perfect system of legal laws and regulations, rational standards of land acquisition compensation and standardized operating procedures could ensure the interest of the relocated, which is the premise of the success of the housing demolition and relocation and pave the smooth way for the urban construction. The housing demolition is always far from being smooth. It often trigger indignation and even lead to violence. For reducing the dispute of the demolition, the Regulations on the Expropriation of Houses on State-owned Land and Compensation was promulgated by the State Department on On January19,2011. The dispute during the dismantlement was remitted to some extent, while vicious incidents are still usually reports. Reflect, currently, the relative chaos of our country's units management, the failure to promptly resolve many disputes concerning dismantlement, and the interests of people cannot be guaranteed. Whether the problem is appropriately handled or not would affect the social harmony and stability, as well as the healthy development of the city. As a result, this issue should be taken seriously. Based on the new regulations promulgated by the State Department, it is critical and pressing to establish a perfect dispute resolution system and protect the right of the people being taken. This thesis closely focus on this very issue, through the historical analysis, comparison analysis and empirical analysis of research methods, analyze the current laws and regulations in the dispute settlement mechanism, the existing problems and try to get the solutions, thus realize the harmonious relocation.This thesis is divided into four parts including introduction. The introduction summarizes°he significance of this project and the current research background. The first chapter is an overview of current urban house dismantlement dispute resolution system. The concept of that is clearly defined, and the definition of urban house dismantlement and the connotation of the related dispute resolution is discussed, the present legislation on house dismantlement disputes is analyzed too. In the second chapter, the urban house dismantlement dispute resolution system, the current situation of prevention system for dispute, the settlement system and the classification security system are analyzed in depth. In the third chapter, the urban house dispute resolution mechanism in our country, the existing problems of the urban house dismantlement from dispute prevention system, dispute settlement system and the security system are discussed thoroughly. In the fourth chapter, on the basis of the earlier chapters, the urban house dismantlement dispute resolution system is modified. Based on the current urban house dismantlement dispute resolution system, we discuss the house dispute resolution mechanism in three aspects:dispute prevention system, dispute settlement system and the security system, and hope to establish a sound resolution mechanism on urban house dismantlement dispute and then realize the harmonious dismantlement.