City House Demolition In The Protection Of Rights In Rem

With the deepening of China’s socialist economy, real estate has been an unprecedented development. Massive urban expansion began in the1990of the20th century in China, some parts of the old city renovation, expansion, new area, economic development zone, and the establishment of speeding up the process of urbanization, rolls of construction of Chinese people in the real estate boom, housing demolition became inevitable. A large number of housing units while improving the living conditions of the residents, and has also exposed a series of deep-level contradictions arising from housing units. This should demonstrate the Government of caring "public works", in some places, it became a for profit-making purposes, enforced at every turn "people project". This phenomenon should not be overlooked.For a dozen years, has developed a number of national and local resettlement and compensation rules and regulations, but do not fundamentally resolve disputes in house removal compensation, not fundamentally guarantee the removal of people of interest. Its root causes, housing units in the lack of institutionalized protection of property rights is a key reason for the strong.Now that the Act has entered into force and the implementation of the right, has the right to protection of a better institutional conditions, in line with the relevant provisions of the law on real rights, at the same time, also in order to solve the problems in the demolition and the social contradiction, Specification of state-owned land on the housing levy and compensation activities, safeguard social and public interests, and thus be imposed to protect the legitimate rights and interests of housing ownership,in January21,2011, The State Council in accordance with the "property law", formulated and promulgated for implementation of the "state-owned land on the housing levy and Compensation Ordinance"(hereinafter referred to as "Regulations").The implementation of the "Regulations" provides a more favorable conditions of real right protection system of our country housing units, to be taken to provide more to safeguard their legitimate rights and interests of relief channels, is an important measure to further standardize the state-owned land on the housing levy and compensation activities, safeguard the housing levy the legitimate rights and interests, but also to thoroughly implement the scientific outlook on development, promote the inevitable requirement of sustainable economic and social development, building a socialist harmonious society."New regulations" brings to the city housing units area is large, is also a profound. It will promote the perfection of legal system, to quell the dispute in practice.This article is divided into four parts, the first part is the city house demolition in the property right protection of basic problems, the second part is the city housing demolition on the demolition of the rights of man, the third part is chian’s legislation on protection of the right to be taken, the fourth part is improve by removing people’s real right protection legislation. The main point of this paper is on the" state-owned land on the housing levy and Compensation Ordinance" promulgated by the new situation how to carry out the protection of rights in rem in city housing demolition.