Urban Housing Demolition In The Dismantlees Right Relief Research

The system of city housing removal which is established on the base of separation of housing ownership from land ownership is an important part of the city construction system and the national real estate system. The nature that public right interferes with the private right makes the process of city housing relocation complicated for it infers to the interests of several parties. As it involves both social public interests and protection of private rights, The problem of city housing removal has always been receiving concerns form people as a sensitive and social problem. Because of the difficulties of city housing demolition activities, When the owners of the houses who are at a weak position in the activities of the demolition think that their interests have been injured and need to be relieved, There will be two problems that how to choose the ways of relief as well as whether existing mechanism is able to meet their right-relieving needs or not. This paper mainly discusses rights relief of owners of houses. On one hand, The author wants to further straighten out the problems of legal rights and remedies in theory in order to lay a solid foundation of city housing removal system. On the other hand, the author wants to successfully solve the contradictions and disputes in practice, So that this paper can provide guidance for housing removal and getting relief according the law, And then make a balance between the development of city construction and the maintenance of legitimate rights.There are several researching methods related to this paper. Such as querying various literature, Comparing analysis of existing researching results and practical results at home and abroad, Visiting survey stakeholders and so on. This paper reviews in Chinese city housing relocation system from the perspective of Administrative law, with the newest fruits of law field and successful experience abroad as well as the districts of Hong Kong, Macau and Taiwan, Trying to analyze the system of house removal from a rational angle, finding the existing problems of people rights relief mechanism, and then giving perfect measures with constructive significance. Thus to guard the present movements of housing removal.This paper consists of four parts. The first part introduces the basic concept and features of the current national housing removal system. Then has a brief analysis of the legal relationship. The second part emphasizes on the deficits of rights relief in housing removal in the process of legislation, management and enforcement. The third part makes a comparative research of the systems of overseas countries and the districts of Hong Kong, Macao and Taiwan, hoping that the research can be useful to perfect the system of housing removal in China. Finally, in order to meet the right-relieving needs of the owners of houses which involved in the located in demolition activities, This paper explores the problems of perfecting and filling Chinese right-relieving mechanism in housing removal at the point of view that it ought to be considered in reality.