On The "Pull Down And Remove" From Human Center View

The problem of Urban Building Pull Down and Remove (UBPDR) is a common problemencountered in the modern countries during the urbanization and industrialization process. Inrecent years, along with the booming development of Chinese modernization construction andthe acceleration of urbanization, the country set off a large-scale urban renewal and urbansprawl movement. The scale of urban housing demolition is constantly increasing, and thismovement involves more widely. But in this process there are many problems: such asgenerally brutality, violence UBPDR and tear open change compensation standard too low.These problems have caused a lot of disputes and a serious impact on the social stability andeconomic development. The paper focused on the problem of UBPDR, human science and theconcept of administrative law. Guided by Marxist Humanism, the paper starts from theUBPDR, analysis its purpose, process, and forced evictions, and thus introduce the lack ofhumanism concept in the current Chinese UBPDR. Finally put forwards a suggestion for thetransformation of China’s administrative law concept.The paper divided into three parts:The first part discussed the problems of current Chinese UBPDR and introduced ajurisprudent thinking. The problems exist in the contemporary Chinese UBPDR includes:concerned more on the social and urban development than the survival and developmentneeds of the current residents in the purpose of planning and pull down and remove;concerned more on the local governments’ land revenue and interests of developers than theright and interests, survival right and development right of the current residents, reduced thefairness in solving problems; forced pull down and remove damaged the administrativeenforcement of normative and impartiality, respected less to legal administration according tolaw. Through the above analysis we can see the lack of the concept of humanism and rule bylaw in current pull down and remove movement: concerning less about the concrete andrealistic human basic needs and the lack of the concept of human comprehensive developmentin the process; forced administrative behavior in the process lacked basic respect to humanrights and missed the fairness; forced evictions also showed the lack of the idea of rule by law. Therefore, we should transform the position from the abstract city and social developmentneeds to the need and development of the living breathing reality human being; transform theattention from the public interests and developers to respect the interests and human rights ofthe movers; transform the means from forced evictions to according to law and administratedby law.The second part described the view of human theory expressed trough law: idea andpractice of pull down and remove. Through the concept of law on human position, the legalvalue and legal practice, this part respectively expound the purpose, fairness and regularity inthe pull down and remove process. The basic position of Marxist human theory is that thereality person is the starting point of and the human survival and development needs is afundamental driving force of social development. People-oriented theory, which is acontinuation and development of the Marxist human theory, is the foundation ofcontemporary Chinese basic human rights, such as the right of subsistence and development.So the government should take the needs of the reality human being as a starting point in thepull down and remove process and ensure it to be an equity and justice one to better meet thepeople’s right of existence and development. The government also should regulate itsadministrative action by law and ensure the pull down and remove process legally andsmoothly.The third part is on the enhancement of human theory position: transform of the conceptof administrative law. Firstly discusses the problems and the reality need for thetransformation of the concept of administrative law in the pull down and remove process.Then the paper suggested that, in the legislature, we should stand on the reality human beingand social situation, take the ensuring basic human right of subsistence and development as astarting point, in order to meet the purpose of human basic need and development. In the areaof administrative law enforcement, the government should stand on the people-orientedposition, rule the administrative behavior by law and improve the administrative lawenforcement.