Research On China Urban Housing Demolitions Of Justice

In recent years, with the rapid development of China economy and the advance of the urbanization, land expropriation and the urbanhousing demolition in economic construction are used more and more frequently, and social contradictions in expropriation and demolition are becoming more and more serious. The most crucial point of solving the problem lies in the standard city housing demolition. This article is to our country city housing demolitions of justice as the research object, combined with the change brought by the" state-owned land on the housing levy and Compensation Ordinance" to our country city house demolition system, and with the relevant foreign system of comparative studies, attempts from the legislation, system design and practice operation level to regulate people’s the court in city housing demolition in the justice problem, so as to better protect the interests of the demolition, effectively reduce and resolve social contradictions, to ensure the healthy and orderly development of the socialist market economy.This thesis is divided into six sections.The introduction part, mainly introduces the purpose and significance of the topic, the research situation at home and abroad and the research methods.The first chapter is the basic theory about housing demolitions in city, mainly includes the concept and nature of the city housing demolitions, legal characteristics, judicial demolitions law analysis and our country housing demolition system of history, provides theoretical support for the research.The second chapter inquiries into experiences about inforeign countries,mainly involving the United States and France’s land requisition system, with a view to China’s judicial demolitions to provide experience to draw lessons from.The third chapter discusses the system demolitions in city, mainly includes the relevant legal basis of justice city housing demolitions, the guiding ideology, the principle, the applicable conditions and the process, for the analysis of the system of judicial demolitions to lay the foundation.The fourth chapter takes over China’s judicial review on the current situation of the demolitions, mainly from the aspect of legislation and judicial practice of judicial anti analysis of the existing problems.The five chapter researches on the countermeasures ahout demolitions by courts, according to the problems existed in our country judicial demolitions, the author puts forward four proposals:one is unified collection, expropriation legislation, perfect compensation system; two is the specification of a people’s Court judicial review system; three is to improve the mandatory removal procedure; four is to improve on the relief way.