Research On The Legal Problems About House Compulsory Demolition On Collective-owned Land

In recent years, with the rapid development of urbanization, our country hasshown a picture of prosperity. However, the development of the country and theexpansion of the city are leading to a huge increase in demand for land. Confined tothe small size of China’s state-owned land, rural collective-owned land has played ahuge role in the urbanization, made up for the deficiency of state-owned land andmade a significant contribution to the further deepening of the urbanization. Ruralcollective land expropriation will inevitably involve to the issues on the expropriationand demolition of houses; however, current laws on regulating the activities of housesexpropriation and compensation on state-owned land are still blank, and there are nospecific provisions made in Land Administration Law. In this case, on the one hand,the central file calls for that houses expropriation and demolition should refer toRegulation on the Expropriation of Houses on State-owned Land and Compensationtherefore; on the other hand, some areas have also developed their local laws,regulations and other legal documents on house demolition and relocation oncollective-owned management. The lawlessness and application of chaos result in thatrural houses forced relocation have been all too common. The administrative organsdisregard for due process of law in the process of demolition. What’s worse, notenough attention is paid to fair compensation and resettlement to the relocationhousehold. Whereas, some adverse events of violation of civil rights caused by forcedrelocation have occurred from time to time, such as self-mutilation andself-immolation, which have severely disrupted the country’s legal system andundermined social harmony and stability. Standard procedures of collective landhousing demolition admit of no delay, and this is the origin of this article.In view of the author’s major, this paper discusses starting from the BasicPrinciples of Administrative Law and its enforcement proceedings. The main body isdivided into5parts: Part one is starting from the legitimate rights of the houses oncollective land ownership, illustrates the concept of forced relocation of the houses oncollective land, and then discusses the issues of protection the legitimate rights of thehouses on collective land ownership. Part two provides an overview of status of legislation of forced relocation of housing in rural areas in foreign and Taiwan areas,as well as the current legislation of forced relocation housing on State-owned land andon rural collective land. And then makes a comparison from the purposes, legalprocedures and compensation of forced relocation. Part three presents the currentstatus of rural housing forced relocation by providing two typical forced relocationcases in Yihuang and PingDingshan, which draws forth some issues on forcedrelocation housing on rural collective land, such as the legislation, purpose, subject,procedures, resettlement, compensation and relief. Part four from the legislative,administrative, judicial and other level summarizes the essential causes of problemsoccurred in forced relocation housing on collective land. The last part is throughanalyzing the existence problems and reasons in forced relocation housing oncollective land, putting forward some suggestions from the following aspects:strengthening legislation on forced relocation on collective land, standard relocationprocedures, strictly implementing the resettlement and compensation policy andunblock relief channels.