The Urban Demolition, Problems And Countermeasures From The Perspective Of Proper Procedures

In this paper, urban house dismantlement is studied from the perspective of proper procedures. Based on the inherent requirement of proper procedures and related urban house dismantlement laws and regulations in China, focusing on the lack of proper procedure status quo appeared in the process of current urban house dismantlement, mainly by means of documentation, discussion, combined with the questionnaire survey and statistics data collection etc munster method of the urban house dismantlement, the author proposes some countermeasures according to the problems existing in the proper procedures. It is also aiming to attract the attention of the government and other relevant social departments as to the lack of proper procedure status quo appeared in the process of current urban house dismantlement, and thereby to provide a concrete reference resource for relevant departments in their investigations and making of countermeasures concerning the issue of urban house dismantlement.The first part of the article is introduction, it comprises of thesis selecting cause and significance, research review, methods and framework. First shows city demolition is inevitable and the research from the perspective of proper procedures has important meaning. Then this paper introduces the research status mainly from today’s Chinese scholars of the urban house dismantlement program, compensation, law, relief,etc. Finally, summarizes the idea and research methods of the article.The second part introduces the concept and meaning of the urban house dismantlement, analyses the risks of legal credibility caused by the urban house dismantlement, including citizens lose faith, government moral risk increases, "nail households" emerge. The value of proper procedure can regulate administrative power to prevent abuse, Improve administrative efficiency, guarantee citizens basic rights.Based on government ruling position to put forward the principle of proper procedures should be required to regulate the urban house dismantlement work.The third part of the paper introduces in detail the lack of proper procedures in urban house dismantlement. Including the lack of insufficient legislations in demolition program, the unfair treatment of dismantlement conductor, demolition of the issuer is licensed and also plays a role as disputes arbitrator; Demolition hearing is not perfect, the hearing scope of hearing is too narrow. Reason explanation is not totally conducted. Administrative public is insufficient, the laws and regulations relevant demolition basis, information, decision are not public. Demolition relief channel, internal supervision are just decoration, and external relief way suffered heavy threshold six aspects.The fourth part puts forward improvement countermeasures of urban house dismantlement program conception. Including formulate high level demolition law, establish independent internal administrative rulings agencies,and the National People’s Congress appoint the ruling institutions’staff to assurance rat zinger neutral, the demolition every link will hold hearings, further expand the entity content, refine the hearing procedures to implement hearing procedure, and regulate the consequences if do not execute hearing procedure. The administrative public institutionalized to ensure the public in the house dismantlement work knows the information, the decision right. Build all-round demolition relief system to safeguard the dismantles legal rights seven aspects.The fifth part is epilogue. Mainly on summary of the thesis, puts forward that the solution of the problem is a long-term project, but by means of improving the legal system to regulate the demolition program has become the consensus of the government and academic circles in economic development, we shall keep the economic development of urbanization, explore the solving countermeasures to the problems appeared in the house dismantlement continuously.