| In recent years with the gradual expansion of the city as well as expanding the scale ofurbanization, housing demolition carried out in the city will be inevitable, and theconsequent conflicts have intensified, house demolition has become the strongest reaction ofsocial problems one. Admittedly Urban Housing Demolition for speeding up urbanconstruction has a good role in promoting China’s relevant laws and regulations, but becauseof the demolition is not perfect, the reality of urban housing demolition execution there arealso many irregularities, the result is causing our country is in the process of housedemolition frequent demolition of property losses. The so-called urban housing demolition,refers to the implementation of urban development and construction projects, housingdemolition permit obtained by the demolition, the demolition of houses and their attachmentscity planning area of state-owned land, and are compensated for demolition and resettlementbehavior, the concept established by the "Urban Housing demolition ManagementRegulations", since2011, with the introduction of " state-owned land expropriation’Compensation Ordinance, demolition gradually replaced by the concept of expropriation,converted by the demolition levied, reflects changes in the demolition of our ideas, but notcompletely change the concept of the purpose of easing the tension between the " demolitionman" and " demolition " between the demolition of the field, but also changed the demolitionof prominent collection our commitment to humane law enforcement, is a qualitativebreakthrough in the previous demolition ordinance and leap.The first part of the article is based on comparison of the "Urban Housing DemolitionManagement Regulations" and "state-owned land expropriation ’Compensation Ordinanceabove, urban housing demolition and demolition of property rights theory analysis andpresentation, including the demolition of urban housing explain basic concepts and features ofthe theory, the concept of property rights as well as the demolition of property rights content.In this section we have the demolition is being done to explore levy, which is considered amajor breakthrough in the country’s governing philosophy is that we increasingly focus on thedemolition of property rights protection obligations embodied bear.In the second part of the article is mainly to introduce the theory of national obligations, mainly discusses the concept, types and characteristics of the basic theory of nationalobligations, and to further explain the theory of the origin country obligations made toinvestigate the two parts theoretical support.The third part of the article is to highlight the existence of discussions on the protectionof national obligations and the reason for the demolition issue of urban housing demolition inthe present, first affirmed the "state-owned land expropriation ’Compensation Ordinance wasrepealed than before" Urban Housing Demolition Management Regulations "clearly Theconcept of the public interest, to expand the scope of compensation improves thecorresponding standards. But also pointed out that the new demolition ordinance still existshortcomings, such as not to specific criteria to define the public interest, in the scope ofcompensation and other issues, such as the expected benefits will not be included.The last part is in the legal system from abroad, mainly the United States, Japan,Germany, on the basis of advanced experience, presented to the protection of China’s urbanhousing demolition demolition Some property improvement recommendations, including aclear public interest in specific standards to determine the scope of responsibilities ofgovernment expropriation and demolition of strengthening the supervision of the government,continue to improve the standard of compensation for expropriation, improve hearingprocedures, expanding the scope of judicial relief, and so on. Hope that through the analysisof this article, can be helpful in protecting property rights demolition. |
PDF Full Text Request