Study On The Legal Nature And Legal Liability Of "Error Demolition"

With the rapid development of China’s economy and society, the speeding up of urbanization.the demolition has been a key link in the process of the urbanization. The requisition problems gradually become the focus of the whole society. With the improvement of the legal system and the improvement of people’s consciousness.forced demolition replaced by "error demolition"in the process of removing.Demolition law imperfect, the law is the qualitative error demolition behavior is not clear.At the same time,"Error demolition" has become many local governments and developers to deal with rogue means of "nail house" because of the low cost of crime."Error demolition" so high frequent urge us to reconsider the "error demolition", Firstly, the analysis of several typical "error removal" cases of both issues.Secondly. the analysis of the existence of "error demolition" cases of doubt, and the same point with different points of such cases, pursuant to the law of the case from the perspective of qualitative.Thirdly, according to the nature of "error demolition" to determine the administrative organs should bear administrative liability and criminal liability, the demolition of the construction side should bear administrative liability,civil legal liability and criminal liability shall be investigated, to avoid the administrative organ and the demolition contractor evade legal responsibility, improve the "error demolition" cost. Eventually, through an analysis of the nature and responsibilities of "error demolition", we should improve the responsibility system, increase supervision of the judiciary, improve the judicial relief system of "error demolition" establish a real independent housing assessment agencies from the public power, make a reasonable valuation of houses demolished and relocated, reduce conflicts between the demolition, solve the problems of demolition through the reasonable way, reduce the occurrence of "error demolition" case, so as to better protect the legitimate rights and interests of the relocated.