Research On The Standardization Of Urban Housing Demolition Procedures In China

After the reform and open policy,our country economy to achieve the leap development of the accelerating the process of urban construction,urban renewal in large-scale urban expansion and urban housing demolition becomes inevitable,at the same time,urban housing demolition triggered by conflicts of interest and social are also.But unfortunately,the urban house dismantlement legislation is not perfect,the existing laws and regulations and there is no clear and applicable procedure details specification details.On the one hand,location is unknown to public interests,lead to public interest intrusion of legitimate private rights;In the process of house dismantlement administrative power,on the other hand,in the case of no legal mandate intervention and to participate in the civil action,which also violence law enforcement behavior,to build a harmonious society above these phenomena increased the instability factors,caused all kinds of contradictions,conflicts and mass incidents,serious damage to social harmony and stability.In recent years,our country also have issued a series of relevant laws and regulations of housing demolition,levy and compensation,in 2011 the state-owned land on the housing levy and compensation ordinance(hereinafter referred to as the regulations on the acquisition and compensation),marks the legal system of the urban housing demolition had a leapfrog development.Although the levy and compensation ordinance to a certain extent,alleviate the fierce sharp contradictions in the process of demolition in our country,but the fundamental problem has not been cured,across the country because of the housing demolition trigger social conflicts are still frequent.The author from the procedure law point of view,to explore and think about the problems existing in the urban housing demolition in our country at present and solution,makes every effort to not only can be demolished the legitimate rights and interests of the vulnerable groups for more,also for our current system of urban house dismantlement legislation little of the power.This article first from the macroscopic Angle has analyzed our country current social background and status quo of demolition,through the list in the demolitionprocess has the larger social impact mass incidents,analyzes our country's present legislation on demolition system defects existing in the laws and regulations,by analyzing the advantages and disadvantages and influence,lead to the current our country city house dismantlement in the process of perfecting the importance of program specification.The first part introduces the legislative development of urban house demolition in China,analyzes the legislative process and the existing legal system of demolition and expropriation from the three levels of constitution,law and administrative regulations,and summarizes the results and faces the shortcomings.China 's urban housing demolition to improve the legal system,the importance of procedural norms.The second part introduces the current situation of urban house demolition and the basic contradiction in the process of demolition.By analyzing the group events which have been greatly influenced by the demolition in recent years,the main reasons for the contradiction are expounded.The third part is about the second part of the issues and contradictions proposed specific recommendations and comments,focusing on the norm from the point of view,from the demolition of the work process,the division of government functions,demolition compensation procedures and demolition relief procedures in four areas,combined The actual situation,put forward their own views,and finally the development of urban housing demolition in China to do a general idea.