Study On The Behaviors Of Local Government In Our Country’s Urban Commercial Demolition

With the fast growth of the socialist market economy in our country, the urbanism of our country has entered the stage of fast growth, according to relevant data, the present urbanization level has gone beyond50%. In the process of the fast growth of urbanism in our country, the impelling action of urban demolition is huge. But in urban demolition, the proportion of urban commercial demolition has reached70%-80%. Therefore, we can say that urban commercial demolition is the booster of the process of urbanization in our country. Urban commercial demolition is a kind of civil action, the local government should not disturb the urban commercial demolition too much, but should play on the supervision work for urban commercial demolition activities in macroscopic view and under the auspices of market, guard the legitimate interests of demolition parties especially the persons to be demolished, guarantee the stable order of the urban commercial demolition, and then guarantee the social stability and harmony. However, because local government has made many improper behaviors in urban commercial demolition recent years, it has produced many bloody tragedies in urban commercial demolition, threatened people’s personal safety and the stability and harmony of the whole society, and caused a deep concern from persons. Therefore, our greatest primary task is to further study the problems of anomie and specification about local government’s behaviors in urban commercial demolition.In the paper, the author firstly states some concepts and theories about local government’s improper behaviors, and then states the performances and reasons of the improper behaviors of local government, analyzes and summarizes a typical case briefly about the improper behaviors of local government in urban commercial demolition activities recent years, which aims to put forward effective countermeasures and suggestions to regulate local government’s behaviors in our country’s urban commercial demolition on the basis of the combination of theory and practice at the end of the paper.In the paper, the first part is introduction, which has state the backdrop and the meaning of this thesis, relevant research both at home and abroad, research ideas and research methods of this writing, and some innovations and shortcomings of the paper in brief. The second part is the analysis about theories, which has laid the theoretical foundation of this paper by elaborating and analyzing the intension of urban commercial demolition, the intension of local governmental acts, relevant theories and the meaning of regulating local governmental acts in urban commercial demolition. Thereinto, the intension of urban commercial demolition include the concept of urban commercial demolition, the principles and legal proceedings urban commercial demolition should follow. The intension of local government include the notion, features and types of local government. The relevant theories include the theory of government’s restriction, the theory of new economic man, the theory of rent-seeking and the theory of games. The third part has elaborated the specific performances and reasons of local government’s improper behaviors in urban commercial demolition in detail. Thereinto, the specific performances of local government’s behaviors in urban commercial demolition include introducing commercial demolition project against the city’s planning, approving and issuing dismantlement permit loosely, allying with property developer and supervising commercial demolition inadequately. The reasons that local government makes improper behaviors in urban commercial demolition include the pursuit of self-interests of local government, the unreasonable assessment system and promotion system of local governmental officials, the wrong role definition of local government, the unsound laws and regulations and the invisible function of administrative supervision. The fourth part has analyzed a typical case about local government’s improper behaviors in our country’s urban commercial demolition recent years. The author introduces the demolition event in Xinhua County, Loudi city, Hunan province, and then analyzes and concludes the performances and reasons of local government’s improper behaviors in this demolition event, thus it can prove the third part of this paper availably. The fifth part is the part of countermeasures and suggestions, the author has concluded five countermeasures and suggestions to regulate local government’s improper behaviors in our country’s urban commercial demolition. The five countermeasures and suggestions respectively are fine-tuning the concept about benefit of local government’s officials, improving the assessment system and promotion system about local government’s officials, correcting the role definition of local government in urban commercial demolition, improving the relevant legal norms and mechanisms and intensifying the effect of administrative supervision.