The Government Administration According To The Law Issues In The Research Of Urban House Demolition And Relocation

Urban housing demolition is an important part of urban construction, play an important role in the development of city, but, in the process of the actual operation of our country, urban housing demolition becomes one of the few local officials sometimes win self-interest and determination on the implementation of administrative coercive power engineering or intention for promotion capital "achievement projects". At present, in the demolition, problems caused by not strictly in accordance with the law, the proportion is higher. This is associated with the current situation of constructing harmonious society is not harmonious.First, analysis of the city housing units and the related law and the theory of administration according to law, basic meaning, including the city house demolition, the basic types of laws and regulations; the related concept and the theory of administration according to law.Secondly, the law enforcement situation is not compatible for China’s housing demolition. Includes two parts, one is the concentrated expression of illegal administrative housing units are summarized, such as relevant laws, and regulations are not perfect, the convergence of interest the government and developers, the government discourse right unilateral, forced relocation, demolition and other prominent manifestation of local area. Two is the typical case law does not regulate the city housing units were analyzed.Again, analysis reasons of city housing units do not standardize law enforcement. Mainly from the laws and regulations are not clear, the public interest boundaries are unknown, performance engineering mentality, administrative power, judicial power weakening and other aspects of the analysis. In the fourth chapter for the urban house dismantlement don’t standardize law enforcement. Mainly from the laws and regulations are not clear, the public interest limits is unclear, the performance engineering point of view, dissimilation of administrative power, analyzes the judicial power weakening, etc.Finally, improve the city housing units in the government administration according to law the question to propose the countermeasure thinking. Including the government should establish according to the demolition idea, define the public interest in housing demolition, the abolition of compulsory demolition administrative power, judicial forced relocation, perfect supervision mechanism and countermeasures.