Research On The Legal Issues Over The Urban Housing Forcible Demolition

The power of the urban housing forcible demolition,owened by the administrative subject,is an important subject with theoretic and practical significance.Due to the lacking of corresponding mechanisms of the legal control of power,the phenomenon of urban housing forcible demolition has became an disharmonious fact during the process of the ruling by law in our country.In practicality,the power of urban housing forcible demolition has frequently been abused which directly threatens to the lawful rights and interests of the administrative counterpart.Hence,it is necessary to restrcict the power of urban housing forcible demolition by law and to promote the power's good functions,in order to achieve the goal of the legal control of power.The thesis is divided into three major sections:First,the author introduces the general description of the urban housing forcible demolition and discusses the positive and negative effects.Meanwhile,the power of urban housing forcible demolition has been defined as the power of administrative enforcement,so that forming a foundation for the following research.Second,the thesis analyze the problems causing by the urban housing forcible demolition.The main problems may both include the confusing in legal status,and the absence of the due process of law,the abuse of the public interest.Last,the corresponding legal mechanisms of the urban housing forcible demolition should be improved.An effective legal mechanism of the urban housing forcible demolition can be comprehended from two dimensions:the system of legislation,the system of legal practicality.Hence,it is necessary to establish the corresponding legal principles and the access condition,and to draw into legal responsibility,with reconstructing the due process of law as well as strengthening the role of the administrative remedy in the process of the urban housing forcible demolition.