The Research Between The Citizenship And Executive Power Under The Administrative Forced Demolition

Administration demolitions bring great prosperity to the city’s construction, at thesame time, it also infringes the legitimate rights and interests of the citizens sometimes.At present, the scholars in our country only emphasize the restriction of administrationpower to realize civil rights. The author thinks under the perspective of administrativedemolitions, when we have a research on the relationship between administrative rightsand citizenship, and to achieve a positive interaction between the two, we need not onlyto stress the regulation and limitation of administration rights, but also to appropriatelyrestrict citizenship.This article uses text and example analysis, value analysis and otherresearch methods to achieve positive interaction between the two. The thesis is dividedinto four parts.The first part, analysis the present situation between the citizenship and executivepower under the administrative forced demolition.Thinks that demolitions withoutregulation do great harm to civil rights such as property and residence, life and health,personal dignity and so on.The second part, analyze civil rights and administrative power should be from theperspective of administrative demolitions. I believe that administration demolitionsmust be on the premise of public interests, realize the balance between the public andcivil interests, to protect the private property of citizens. In administrative demolitions,citizens realize citizenship participates and constrains the administrative power throughthe right to know, right to hearing, participation and relief rights and obstruction rights.In administrative demolitions, civil rights is the foundation, executive power is themeans, to achieve administrative power serves to citizenship.The third part, analyze the actual state and the main reasons of the variationbetween executive power and citizenship under the current demolition system. In reality,the administrative power sometimes infringes civil rights in the name of public interests.In legislation, the current implementation of the urban housing demolition system isimperfect; the level of legal effect is not high enough; the lack of specific proceduresand the effect of procedures protection is weak. In law enforcement, the localgovernments lack the concept of administrating lawfully and can not well organizeadministratively. In the financial power allocation, the property rights and government powers are less symmetrical between central and local governments, and the local levels.The rising of financial power gravity and the decrease of affairs power gravity lead tothe local governments have to rely on land sales for profit. In justice, it is difficult tofinally resolve the interests appeal of the demolished because of intervention of theexecutive and the lack of rationality review of judicial oversight,The fourth part is the focus of this article, correct the variation relationshipbetween citizenship and executive power and meanwhile put forward my own opinion.First of all, I think that the legislative purpose and principles should emphasize that law,appropriation, education combine with mandatory and the prohibition of abuse, thecombination of relief and compensation to improve related legislative system andcontent. Secondly, we should establish service government and strengthen thesupervision of administrative power to prevent the alienation of administrative powers.Clear the specific functions and responsibilities on the housing levy and thecompensation of all the administrative organs, to promote administrative organs enforcelaw openly, transparently and impartially. Third, we must establish the sharing ofresources and benefit-sharing mechanism, to protect positively the legitimate andreasonable interest appeals in house demolition, and limit and divert the irrationalaspects of civil rights. Finally, establish a multi-channel civil rights relief. to ensure thatchannel of the public expression is smooth; encourage the development of the non-government organizations, and enhance the forces of civil rights and ultimately realizethe positive interaction and development between civil rights and executive power.