Research On Legal Issues Of Rural Housing Public Interest Dismantlement

With the rapid development of economy and futher promotion ofurbanization,the existing urban land can not meet the requirements of economicdevelopment and urban construction.However, under the current land managementsystem, any construction can only use state-owned land.So,city turn to village to getland to seek space for development,a lot of collective-owned land has beenrecruited,rural housing face dismantlement,namely public interest dismantlement.Dueto the lack of clear legal norms to regulate rural housing dismantlement, the conflictscaused by the public interest dismantlement occur frequently,which give rise to massincidents and influence social harmony and stability.It has great theoretical andpractical significance for solving disputes and protect the property rights of farmers toresearch relevant problems of public interest dismantlement.Research of housing dismantlement is mainly concentrated in the urban housingdismantlement，research of rural housing dismantlement is few,research of ruralhousing dismantlement is more fewer.On existing research, the content of research ismainly rural housing dismantlement problems and solutions, such as laws andregulations, the definition of public interest and dismantlement procedures.I think,tosolve the public interest demolition and relocation problems of rural houses,firstly,weshould comprehensive laws and regulations,use the form of law to regulate the ruralhousing dismantlement,according to the law,disputes can be solved.Secondly,makeclear the property right of rural housing,namely farmers’ private property.Again, wemust clearly define "public interest", including its subject of the definition andcontent.Then,regulate the procedure of demolition and relocation,especially increasethe procedure of house expropriation.At the same time,make a reasonable relocationcompensation system.Last of all,improve legal remedy channel to ensure the legitimate rights and interests of farmers can be effectively maintained.This paper is divided into four parts. The first part provides an overview of therural housing demolition and relocation.At first,mention the nature of rural housing,followed by analysis of the types of rural housing demolition and relocation,lastlydescribe the public interest demolition and relocation.The second part discusses themode of land acquisition, analysis of the shortcomings of the existing land acquisitionmode, and made a reasonable land acquisition mode.The third part analyzes theexisting problems of rural housing public interest demolition and relocation, includinginadequate legal norms, the unclear definition of public interest, the procedure ofdemolition and relocation is not standardized, unreasonable compensation ofdemolition and relocation and the block of legal remedy channel.