Study On The Standard Of Urban Housing Compulsory Demolition Procedure

The biggest property of the Chinese people is the housing.Due to the special emotions of the people,the forced demolition can often become the contradictory spark point,causing the contradiction between the two parties.The disputes arising in the demolition basically occurred in the process of forced relocation,which highlighted the problem of forced demolition in the demolition.In practice,in order to meet the demands of public interests,urban housing demolition tend to pay more attention to efficiency,thus easy to overlook the dismantlees of rights and interests,the interests of the dismantlees damaged and then expanded to be demolished the contradiction between people and the government,sometimes can even reach the point of irreconcilable,such easy to cause demolition contradictions and disputes,is not conducive to social stability.The state-owned land on the housing levy and compensation ordinance(hereinafter referred to as the regulations on the acquisition and compensation of the abolition of the practice a decade of the "regulations on the administration of urban house dismantlement",which abolished the enforcing compulsory administrative units.Which define the public interest,has been clear about the compensation after the first application,perform replaced by judicial demolition demolition of compulsory administrative compulsory execution inside,perfect the relief way,and can be expropriated the administrative reconsideration or administrative litigation.2012 implementation of the compulsory administrative law for administrative enforcement is a big improvement,specification of setting and implementation of the administrative enforcement,administrative organs to perform their duties accordingly,is conducive to maintaining social order.There is a need for further improvement in the definition and compensation of public interests.The author aimed at the demolition government-led,first through to the demolition program simple introduction,learned demolition dispute through practice,analyzes the acquisition and compensation ordinance,in the process of demolition problems still exist and to be solved urgently,strive to improve the system of China's current urban house dismantlement procedure,for demolition program render shows the development of their own.Discusses our country current law in the field of public interests of the urban housing demolition program problem,the comparative analysis of the United States and Japan,France,the public interest in these countries a program specification,urban housing demolition in combination with the current reality,explore the program proposed consummates our country public interest demolition of several measures and Suggestions.The introduction part introduced this article selected topic background and the significance,analyze the present situation of domestic and foreign research level and show the research content and method,which leads to the necessity and urgency of the demolition process specification,simple introduction in this paper,the context.The first part is an overview of the forced demolition procedure.Firstly,the basic understanding of the forced demolition procedure and the conflict in the forced demolition process are analyzed.Then it is an overview of the current urban housing demolition legislation in China.From the aspects of constitution,law,administrative regulations and department rules,this paper analyzes the existing regulations and has a general understanding of urban housing demolition legislation.The second part is the combination of the case and the actual analysis of the forced demolition procedures in the existence of prominent problems.Summary analysis from three aspects,first of all for misuse of public interests,taking xuzhou metro projects,urban renovation project of "shanty towns and villages",for example,suggests that the current public interest in the field of demolition and abuse;Secondly,it is unreasonable to collect the compensation standard,analyze the compensation standard in the current law,and the compensation standard deviation directly damages the interests of the dismantlement and can easily lead to the demolition dispute.The problems existing in the application itself,in the final analysis demolition many into the streets in the city demolition office or community residents' committees,for example,which leads to the practice in the body of the demolition and relocation process chaos,lack of demolition afterwards relief program.The third part is the research on the related problems of the foreign dismantlement procedure.This section introduces the procedures of forced relocation in several typical countries,including the United States,Japan,France and Germany.And analyze the system which has reference significance to the compulsory removal procedure in China.The fourth part is to draw on the relevant experience of foreign countries,and put forward some pertinent Suggestions on the existing problems in the current forced demolition process in China.First of all,the public interest in demolition needs to be strictly defined,and the public interest and commercial demolition should be differentiated,and the public interest review procedure should be started.Secondly,the compensation procedure should be perfected,the compensation standard should be set up reasonably,the compensation scope should be clearly defined,and the compensation procedure should be standardized.In addition,the regulation of forced demolition procedures,strict control of the forced demolition of the main body,the regulation of forced demolition mechanism;Finally complete demolition relief system,increase the demolition system integrity,including the first attempt to conciliate,judicial remedy procedure and regulation of these aspects,the introduction of forced relocation hearing system and the administrative accountability system.From these four aspects,the forced demolition procedure is improved,and the problems existing in the forced demolition process mentioned above are expected to be solved.Conclusion.This part mainly expatiates the research focus and deficiency of this thesis.