Research On Administrative Compensation About The Housing Demolition Of Chinese Urban Residents

In the process of urbanization, China faces both opportunities and a variety ofchallenges: urban planning, urban transformation, appearance and environmentalremediation, ecological protection, housing demolition and another issues in relationto politics, environments and the people’s livelihood.The issues about housesdemolition in relation to the people’s livelihood often become the focus of thecontradiction. The demolition is an important part of urban construction, and it made agreat contribution to improve the housing conditions of the masses and promotenational development and other aspects. However, in the process of demolition,thereare a lot of disputes about demolition, in some places there are even excessivebehaviors, the people’s legitimate rights and interests are infringed severely. It is notonly contrary to the essence of a harmonious socialist society, but also the challengesof democracy and the rule of law which is harmful to social stability. Therefore, thetheory and practice of house demolition compensation, can further promote theimprovement of China’s demolition compensation system: to resolve the socialcontradictions in the process of urbanization, increase harmonious factors andmaintenance of democracy and the rule of law, to promote fairness and justice.The main objective of this study is to improve the housing demolitionadministrative compensation countermeasure research in government, citymanagement improvement and the urgency of the need, reform and innovation ofhousing demolition administrative compensation system route choice is our importantissues. First we build the theoretical analysis framework of administrativecompensation, administrative compensation endogenous logical starting point: as ananalytical tool, the origin and meaning of administrative compensation has laid atheoretical foundation.The point of penetration of this paper is to investigate theadministrative compensation systerm and the status of implementation in the processof governmental housing demolition, through case analysis of executivecompensation found the defects and haved essence analysis of the problems of theexecutive compensation and then make suggestions in relation to the defects to formthe entry point of the logical framework, Both in theory and practice so that the internallogic of relations between the two to get a clear exposition of a breakthrough to find out the perfect path of administrative compensation system for the demolition of our government,intheory and practice two respects make logical relations between clear exposition, befound to improve our government relocation in the path of the breach ofadministrative compensation system.The main research results: first, summarized our problems in the administrativecompensation of governmental demolition, mainly systemly described from fiveaspects, the legal laws and regulations are not perfect, lack of sound compensationprocedure, the system of administrative compensation is too monotonous, the scope ofadministrative compensation is too narrow, the definition of public interests is notclear.In second, combined with China’s administrative compensation problems,propose some solutions: first, to formulate a unified" administrative compensationlaw", further clarify the law "the principle of executive compensation, the scope of executivecompensation, executive compensation standards".Secondly, to improve the procedure ofadministrative compensation, because the operation of administrative power can’tdeviate from the purpose of the law, must give the administrative relative counterpartto seek legal relief. Then, enrich the system of administrative compensation. On therelative person issuing equity compensation, on the relative social insurancecompensation and government to provide labor and employment supply measures.Again, expand the scope of administrative compensation. We should consider the lossof citizen, the citizen’s personal right loss into the scope of compensation. Finally, theright to define public interest land requisition and land the name of profitability. In thepublic interest, land requisition for the name of the construction whole process in theofficial website.