Research Of Coordination Mechanism Of Conflicts Between Public Interests And Personal Interests

In 2011,the“Levy and Compensation Ordinance of the Housing on State-owned Land” promulgated. The ordinance exerted a great influence on the work of the housing levy. The government’s levy behavior had been standardized, the personal interests had been protected. The housing levy conflicts, compared to the time of “Management Ordinance of city housing demolition”, both the number and the severity were significantly decreased. But the conflict between public interests and personal interests still exist in the housing levy. The target of Socialist law is to protect the legitimate interests, but also to achieve the protection of public interests. It is not right to say which one is more important.We should build a set of effective coordination mechanism, balance the public interests and personal interests.In this paper, we make a research on the basic problems of the housing levy and compensation work, combined with the practice of Huangshi City. We take a look of the overall situation of Huangshi city housing levy work in recent years. Make a research of the forms and reasons of the public interests and personal interests’ conflicts in housing levy of Huangshi City. And then give suggestions on how to effectively coordinate the conflicts between public interests and personal interests in the urban housing levy. There are five steps: To perfect legal laws and regulations; to make the government’s administration according to law; to guide the public participation; to improve the supervision mechanism; to simplify the judicial process. In the first part of the paper, the research’s purpose and significance, the domestic research situation and the foreign housing levy systems are introduced. The second part focuses on the basic issues of the city housing levy, the concept of public interests, the dialectical relationship between public interests and commercial interests, the legal relationship in the housing levy. The third part is the introduction of Huangshi’s housing levy. The fourth part makes a research on the forms and reasons of the public interests and personal interests’ conflict in Huangshi’s housing levy. The conflicts are divided into four types: the conflict of willingness, the conflict of the compensation, the conflict of “illegal construction”, the conflict of mandatory removal. There are five reasons: the “levy and Compensation Ordinance” is not perfect, the government did not strictly obey the legal obligations, corruptions bring serious damages to the credibility of the government, “selfish” behavior is not entirely legitimate and reasonable, the judicial process is too cumbersome. The fifth part put forward some opinions and suggestions on how to effectively coordinate the conflict between public interests and personal interests in the urban housing levy.