The Conflict Of Interest And Its Solution Mechanism In Urban House Demolition In China

Demolition, this is an inevitable social activity in any countries and regions in the process of construction and development, under the development of the existing evaluation system, building demolition is not only associated with urban renewal, more linked to local government achievements and fiscal revenue, so, demolition would naturally become a measure of an important symbol of urban development speed. However, in the past 30 years of the reform and development project, all kinds of engineering construction has exceeded demand for the development of local and the regional capacity, the contradiction of the land supply and demand become increasingly intensified, it will initiate all kinds of disputes in the demolition activities, and the legitimate rights, the personal dignity, the quality of life are violated, what is more some people may lose life. This has to some extent affected the social order, social integrity and public confidence in the government, become an serious social problem which need to be solved.From the "regulations on the administration of urban house dismantlement "to "The state-owned land on the housing levy and compensation ordinance", the forthcoming laws become more and more perfect, marked the unique legal system of urban housing demolition in our country has entirely formed. In the twenty years, rules regulated the behavior of the demolition, to some extent help to unified management of demolition work, but because it is behind the market economy development and the process of the rule of law, thus many problems emerge in practice.This article first introduces the definition and types of the urban house dismantlement, emphatically introduces the three kinds of main body of the demolition activities, from the mutual relationship between the special interests of these three subject we will analyze the reason of various conflicts in China's urban housing demolition. In the legislation, the lack of clear definition of "public interest" lead the administrative organs abuse it in the process of law enforcement. At the same time, the role of government in the process of the entire demolition is not accurate enough, and there is phenomenon of the absence of the functional dislocation. On the other hand the government often collude with the developers, it makes the compensation unreasonable. If there is no mechanism that people want to express their wishes, and the government has failed to make scientific rational guidance, it will lead to people's grievances can not be resolved, which will also lead to the escalating conflict among the interests of all parties. To this end, we must perfect the corresponding dispute resolution mechanism, not only to improve the relevant laws and regulations, but also to regulate the behavior of government and developers of demolition, the most important thing is to protect the lawful rights and interests of the dismantles, unblock the channels of expressing their ideas, increase relief way. We can give them a satisfactory answer with a perfect compensation system.