On Urban Housing Demolition on Private Property Rights Protection

Keywords: house demolition, private property, relocation compensation

Abstract: In the process of house demolition, Civil private property including land use rights, ownership of housing and appendages, the expected return rights and other related rights. Citizens of the above property can be fully reasonable compensation is to ensure that urban housing smooth implementation of demolition of the key factors. The demolition of the existing legislation does not distinguish between "commercial demolition" and "demolition of public interest" has actually violated the <<Constitution>> Property Rights Protection on the terms and provisions of the expropriation. At present, concern and caused widespread controversy in the "New Demolition Ordinance", that is, <<state-owned land on the housing levy and Compensation Ordinance (draft>>, openly soliciting views of the community, but in the interests of all the Game process, change the Law continues to be resistance large. now compulsory in many places is still a large-scale demolition of behavior, which triggered the protection of private property rights citizens are still very prominent.



First, the origin of the problem

With the accelerated urbanization process, "demolition" is more and more frequently in the public field of vision. It should be said, urban housing demolition and subsequent Development and construction, and promote the city's pace of modernization, but also for the public, directly or bring some indirect benefits. However, with the establishment of market economy and democratic rule of Law in the process of Development, the concept of property rights of citizens increasingly strengthened. for the general public, housing is the most important private property, but also the protection of personal survival and Development basic conditions. However, in recent years because of urban house demolition caused increasingly serious social conflicts, "the demolition of violence" has become of one of the main social harmony and stability. These contradictions derived from the main urban house demolition in the diversity of pArticipation, the diversity of interests and the interests of the demands of the lack of regulatory mechanisms. government interests, the interests of developers, demolition interests, personal interests and public interests, and intricately intertwined. the Government to realize their own interests, some government officials in order to develop a career to vigorously performance projects, developers to achieve maximum business profits, the demolition people should be deprived of their property or receive fair compensation limit, few people even expect the demolition to reap huge profits through the demolition. Thus, urban housing demolition process is a multi-stakeholder process of the game. If the interests of all pArties can not reach equilibrium, especially if the interests of the demolition can not be fair and reasonable compensation, the general urban house demolition disputes, and even large-scale mass incidents will be difficult to avoid.


In recent years, the bloodshed caused by the demolition is often staged in different cities, it is frightening. Urban house demolition has become public, media and government attention to social focus. Face "under siege" of the bulldozers, as being of vulnerable groups demolition could be taken to deal with people generally include the following manner: First, administrative proceedings. In recent years, the administrative ruling is not accepted by the demolition administrative proceedings brought by the number of cases has been high. Second, constitutional rights holders. This way after the constitutional amendment in 2004, more commonly, the lack of effective means of relief, the effect is minimal. Third, the petition, that is, when the demolition found ineffective administrative proceedings, they more and more use of petitions in this way . Fourth, the "nail" a camel stick to Chongqing in 2007, "History of the cattle of the nail house" most typical. Fifth, self-mutilation, which is the worst rights means. Sixth, violence against demolition, in this way in the country house demolition in cities around everywhere. So, it is worth our serious consideration is that the urbanization process in China caused so much why the demolition of irreconcilable conflict?

Second, the nature of urban housing demolition as defined behavior

Currently, our existing Laws and regulations and does not act on the nature of urban housing demolition to make specific provision, according to <"Urban Housing Demolition Management Regulations>> the scope of section 2 of the provisions of the applicable" in the urban planning area of ​​the state-owned land on the implementation of house demolition, the need for demolition compensation and resettlement, the application of this Ordinance. "elaborated with relevant theoretical, urban house demolition can be broadly defined as:" due to the construction, the city's transformation, rectification and environmental protection, city appearance the need for public welfare purposes, according to town planning and building of special national planning the demolition works the land with the local government documents, by the demolition of urban planning area according to the state to demolish the houses on the land, and the owner of the demolished house the user given relocated, all houses to be dismantled, to be financially compensated in the range of activities. "[1] (P88) from the above definition, we can find that behavior of urban housing demolition basic features include: the first , demolition of behavior occurs because the state-owned land use has changed. With Economic Development, population increases, the scarcity of land resources, to make smooth progress of new construction projects need to change the existing land use purposes, do The original demolition of houses on the land for re-Development and utilization. Second, the demolition of houses involved in urban planning area is located in the state-owned houses on the land. Third, the behavior of urban house demolition should be carried out in accordance with the Law. the one hand, Demolition of the main should be legal, demolition should be made according to Law units of housing demolition permits, on the other hand demolition to follow the legal procedure. Fourth, the owner of the demolished house, the lessee should be given compensation and resettlement. Fifth, the city house demolition activities should be conducive to the development of the demolition of the behavior of man and society.


Should be said that urban housing demolition in the legal relationship is extremely complex, to clarify the legal relations of urban house demolition for the legal nature of acts of great significance. Urban house demolition in the legal relationship includes three aspects: first, the Government and the demolition Administrative Licensing Law between the relationship between house demolition. <"Urban Housing Demolition Management Regulations>> Article 7:" The applicant must hold a building demolition project approval documents, construction land planning license, the state-owned land use right of the approval document, relocation plan and relocation plan, with financial institutions for deposits issued by the demolition of the proof of compensation and resettlement funds to the depArtment in charge of house demolition demolition application, the competent depArtment of housing demolition after the review by the applicant meet the conditions, payment of relocation permit. "Second, the demolition and the demolition resettlement compensation of both the legal relationship. in the house demolition department within the period provided for house demolition, the demolition should be removed and relocated on the house demolition compensation and resettlement matters, in consultation negotiated written agreement signed after the resettlement compensation agreement. Third, the administrative adjudication, administrative enforcement of legal relations. demolition after consultations with the demolition, resettlement compensation if not reach agreement, the parties may apply for the approval of the demolition of the house demolition authorities ruled that the demolition of the relocation of the award within the time limit is not limited to removal from the house where the city and county people's government instructed relevant departments to carry out forced evictions. [2] (P157-159)

As the current behavior of urban housing demolition complexity of legal relationships, coupled with legislation did not make clear that its legal nature, so the scholars of urban housing demolition in the legal nature remains controversial, mainly in the following three perspectives: First, Civil said. that the mainly urban housing demolition demolition demolition and equal Civil legal relations between the two sides signed an agreement of compensation and resettlement is about a citizen's private homes and state-owned land use right to reach the Civil contract, Civil legal norms should be adjusted . This view ignores the Government's welfare in the demolition and administrative rulings of the nature of public power. The second is that administrative actions. that the city house demolition is mainly involved in government authority, its essence is the government's administrative collection actions, as reflected in relative to the executive and administrative body administrative relations between the two sides signed an agreement of compensation and resettlement should be an administrative contract, administrative laws and regulations should be adjusted. This view ignores the commercial nature of the demolition of the Civil Code. Third, civil and administrative mixing said. that the demolition of urban house demolition in the administrative licensing, administrative decisions and administrative forced evictions is reflected in the government's administrative action, the parties signed the demolition demolition compensation and resettlement agreement between the parties is mainly reflected the legal status of equality, autonomy of the civil law relations. Thus, the urban house demolition by the administrative law norms and civil laws and regulations common to adjust. [3] (P57)

The author believes that the process of house demolition in the city, the administrative acts and acts of civil combination of both. But the purpose of urban house demolition should be based on different, specific subject and the civil Administration in the demolition of the dominant subject position. <"Urban Housing Demolition Management Regulations>> no clear distinction between the public housing demolition in the city demolition and commercial demolition, making the urban house demolition in the qualitative behavior is difficult to make a unified conclusion. Thus, in the public interest for the purpose of demolition, the government public possession of absolute power of the dominant position of the Government and the unequal legal status of the demolition, the demolition is relatively limited right of free consultation. However, in the demolition of the basis and standards of compensation to the introduction of market forces to protect the demolition could be fair and reasonable compensation. Therefore, relocation of the legal nature of public administrative action should be based on both the led and the nature of civil conduct. in commercial demolition, the demolition and the demolition of equal legal personality and independent property rights, on whether the demolition , compensation and resettlement plan and compensation costs and other issues have the right to choose, it is the requirements of civil autonomy, freedom and equality of both parties is the result of consultations. but for commercial demolition of the country's Economic development, urban construction has a significant impact on the implementation of commercial demolition should strictly abide by the administrative approval system. Also, when a weaker party's rights are quite demolition infringed upon, government authority to intervene as necessary to protect the interests of the demolition. Therefore, relocation of the legal nature of business should be based on civil acts both as the leading and the nature of administrative acts.


Third, the urban house demolition in the protection of citizens of the defects of private property rights

Should be said that the demolition continued intensification of conflicts is an important reason is that the relevant legislation has not kept up the pace of urban house demolition, house demolition in the adjustment of the legal relationship between the obvious flaws. Existing laws and regulations with the Constitution or the basic laws related to certain conflict, in the protection of private property rights and interests of the demolition there are serious deficiencies, specifically in the following areas:

(A public interest, the ambiguity of meaning

According to the provisions of our Constitution, only in the public interest to limit private property rights of citizens or deprivation, therefore, a clear connotation and extension of public interest, for the authorities intervene to provide a legal basis for urban housing demolition, but also to prevent the abuse of public power provide institutional guarantees. in relation to specific urban housing demolition projects, if we can not accurately define the construction project is really in the public interest, can really benefit the broadest masses, then the Government and developers will will be "Urban Economic Development", "urban renewal" and "public infrastructure business" in the name, the name of "public interest" to carry out commercial demolition, wantonly infringing upon citizens private property rights. Therefore, to achieve effective private property rights of citizens protection to the public interest must be clearly defined. However, China <<Constitution >>,<< >>,<< Property Law Real Estate Management Land Management Law >>,<< Law "" and "" Urban Housing Demolition Management Bill>> and other laws and regulations on the connotation and denotation of public interest did not make a clear legal definition. The main reason is the public good, "Interest in uncertainty" and "the uncertainty of the target beneficiaries." content and public interest extension of the ambiguity in the legislation will inevitably lead to the interpretation of public interest shifted to the hands of law enforcement. Thus, the executive and the judiciary with the discretion of the range is expanding, largely on the definition of public interest will depend in China's legal environment and law enforcement with the judge's legal and moral qualities. And some of the administrative authorities or the judiciary in order to seek political advantage or commercial interests, may be detrimental to citizens private property to make a legal interpretation.


(B public confused demolition and commercial demolition

According to different purposes, housing demolition in the city can be divided into public and commercial demolition demolition. As mentioned earlier, only in the public interest, according to private property of citizens and to be compensated for expropriation or requisition, state power to be able to intervene to the demolition act, the use of coercion. business is demolition and the demolition demolition of equality between a civil law relations, equal consultation should be conducted, subject to adjustment by the civil law. In public demolition, the government and the demolition is the administrative body and the relationship between administrative counterpart, is a public demolition of both parties. to the public interest, the Government can enforce the implementation of the demolition demolition demolition transferring responsibility to the public interest obligations of private interest. And in the business demolition, the demolition of the parties is the behavior of developers and the demolition, they have the same legal status, the Government should act as watchdogs of the role of the demolition, and more were relocated to the relatively weak protection of the interests, rather than government arbitrary interference with commercial demolition of public power. However, the demolition of the existing legislation does not clearly distinguish between public and commercial demolition demolition, the two confused, not only in violation of <<Constitution> "and" <Property Law "> on the citizens of the protection of lawful private property rights Terms and violated <"Land Management Law >>,<< Real Estate Management Law"> recognized land use rights of citizens and civil law and contract law principles of autonomy and freedom of contract, resulting in the Urban Housing Units appears chaotic, the demolition of prominent contradictions, misuse of government coercive power of the phenomenon, affecting the free market economy development, the demolition of the rights of vulnerable groups are not effectively protected. Therefore, a clear distinction between public and commercial demolition is the removal of Urban housing demolition legislation top priority. in commercial demolition of the two sides should respect the autonomy to resolve their civil disputes, protection of private property demolition.


(C urban housing demolition-related information is not publicly

In practice, the demolition is usually full access to their private property rights can not be closely related to the information. Demolition once the applicant issued house demolition management department demolition permit, it got to a certain extent, on the mandatory house demolition demolition power, which is directly related to the demolition of their property rights and interests enjoyed by the house. <<Administrative Permission Law>> Article 36 provides that: "the Administration to review applications for administrative license, they found a direct relationship between the administrative licensing matters to others vital interests, it shall inform the interested party. applicant or interested party the right to state and defense. The administrative organ shall listen to the applicant and the interested parties. "But," "Urban Housing Demolition Management Regulations>> no preliminary demolition work must be clearly defined openness and transparency, making the demolition project can not be a clear understanding of the early, land acquisition and planning its own major interests involved in matters of the demolition permit has been issued only in situations, to pass the demolition notice understanding of the demolition, the demolition scope and demolition period and so on. Meanwhile, demolition of non-public information, transparency, making the demolition application for the demolition of the demolition permit application documents submitted in time to challenge the legality of not.


(D urban house demolition compensation standards and scope of the defects

Relocation compensation can be relocated to maximize the protection of interests of key factors, but also urban house demolition in the core problem. Therefore, the demolition of urban house demolition compensation become the focus of the various conflicts. First, the relocation compensation standard is not clear enough. Relocation compensation principles that determine the Urban Housing Units to make up for the loss by the extent of demolition, but the relevant legislation in China has adopted an evasive attitude to this, the overall compensation for house demolition of the city did not make clear that the principle. in various parts of the compensation resulting Standard no laws, different standards, and too little compensation for the demolition and other serious violations of the phenomenon of private property. Second, the house demolition compensation too narrow and not adequately protect the interests of private property demolition. of compensation for house demolition mainly covers the house and its appendages, producing a reasonable income for business purposes, a temporary resettlement subsidy and cost of house demolition, and land use rights, and expected returns and other relevant compensation for loss of intangible benefits, and no form of law be clearly defined. The current narrow scope of compensation for house demolition, the demolition is far from the housing to make up for losses suffered demolition.


(E government authority involved in administrative enforcement arbitrary demolition

Forced demolition of urban housing demolition work is the most sensitive part. Administrative decisions, once made, the demolition or housing tenants within the period prescribed by law, neither apply for administrative reconsideration, administrative proceedings and no, or ruling by the Civil , the provisions in the relocation decision not to move out within the time limit, the forced relocation occurs, or the administrative court to force the demolition. in our country's Administration forced evictions and demolition of binary system of forced evictions of Justice, the most people criticized the Government's public demolition of administrative enforcement powers to intervene. Community Relocation confused with commercial demolition demolition of government abuse of the right to force foreshadowed. government welfare authorities intervene in the demolition is to make the public interest standard demolition project can proceed smoothly, not because of a few demolition and the demolition of disputes between the demolition of the overall situation of the urban construction. But in the commercial demolition, "" Urban Housing Demolition Management Regulations>> and other public powers conferred on the Government the right to forced evictions, the destruction of the demolition of a between people and the demolition status of autonomy and the biggest culprit of equal consultation. "demolition of non-public welfare activities, the demolition and the demolition is a kind of equality between the civil legal relationship, even if the parties have reached an agreement has been demolition without justification refused to move, can only be passed by both parties to resolve the civil dispute resolution, or apply for arbitration or court decisions apply to the people, not by government departments to enforce the citizens of houses demolition, not by the house demolition Management shall apply to court for forced evictions. "[4] (P209) for the proposed demolition compensation and resettlement related conditions, demolition, after consultation with the demolition of people have a choice to accept or not accept the rights of other individuals, organizations or government authority may not arbitrarily interfere with the enjoyment of their right to dispose of their property. being relocated as a civil contract to accept the establishment of a civil contract does not accept the establishment of the demolition of any other means shall not be forcibly removed by the demolition of houses.

Links to Research Papers Download http://www.hi138.com four urban house demolition in the Private Property Rights Protection System

(A speed up the legislative process of urban housing demolition

Currently, the special legislation regulate urban housing demolition in 2001, the State Council promulgated the <"Urban Housing Demolition Management Regulations>>. The regulations are administrative regulations, the effectiveness of lower level, and protect the rights of the system architecture demolition extremely inadequate, therefore widely criticized. Although the State Council is to revise the regulations, and in January 29, 2010 announced <<state-owned land on the housing levy and Compensation Ordinance (draft>> to solicit views of the community. but still the form of administrative regulations, protection of citizens still seems difficult to bear the heavy responsibility of private property rights. because the use of administrative regulations to standardize the collection of private property of citizens, in clear violation of <<constitutional>> amendment to Article 20 and "<Legislation Law"> s 8 requirement that the executive of the demolition of citizens deprived of property rights to restrict or not under the constraints of the law, but the lower order to comply with administrative rules and regulations, a serious breach of the law retained the principle of law can not be lower and upper contradict the principles of law. Therefore, in order to effectively protect private property rights of citizens, to reduce urban house demolition in the occurrence of malignant cases should be decided by the NPC Standing Committee on Urban Housing for special legislation to improve the quality of the legal and legislative levels, thus enhancing the law enforcement effect. by the NPC Standing Committee's legislative, can make laws and regulations of Urban Housing Demolition and <<Legislation Law "" and "<Property Law"> spirit of the law and the specific provisions of convergence, and also in line with <<Constitution>> protection of basic civil the right purpose.


(B correctly identified the connotation and extension of the public interest

Demolition of public interest to determine the legality of a legitimate basis for both the inherent limitations of property rights of citizens, but also property of the State exercising the right to impose limits. Relocation process in a clear definition of public interest, is to prevent the abuse of public power, a necessary condition But the public interest as an abstract legal concept, its meaning with the times and constantly changing. So, how to determine the "public interest" mean? "to determine the public interest that the two standards should adhere to the standards of procedural and substantive standards." [5 ] (P105) in the program of standards, procedures, substantive Justice is a prerequisite for an open, stakeholder process to make full public participation in decision making, to express their views in order to achieve harmonization of public and private interest, and can form an effective mechanism for coordination between the interests of all This is the inevitable requirement of social harmony. in the urban house demolition, the Government should be held in public hearing, and hearing opinions from all sides to make fully rational decision-making and project description, make decisions under the due process acts to get to the greatest extent public support. the substantive standards, the requirements of this interest from the content to determine whether the public interest. First, we must follow the principle of proportionality. the public exercise of the power requirements necessary to be appropriate in the context of a legitimate exercise of discretion, so as to to achieve the public interest must be greater than the basic civil rights have been infringed, and must meet the minimum against the principle of choice means to achieve the minimum strength against the public interest. Second, the public interest should be made to benefit the majority not specific, follow the majority principles. the public interest can refer to the specific criteria for judging the following factors: First, the number of beneficiaries. "welfare" means beyond the personal scope, in accordance with the "majority" principle, most people can be identified as the common interests of the public interest , but not necessarily the interests of the minority can not be the public interest, so even if the "public interests" as the reason, the Government's authority is not unlimited, individual rights can not be in the public interest of being completely submerged. In short, the public interest and Youyugeren interests are not absolute. The second is whether to promote the country's Economic, cultural, defense and other construction as the goal. Shiqi a particular country has in each specific goals and plans, including infrastructure construction is a very important element, it For each member of society is essential. individuals in the pursuit of personal gain, it may also promote the country's Economic, cultural, and national defense construction and development, if the results meet the public purpose of its implementation are also included in the public interest it should be range. Third, whether the result of actions can really make the public benefit. practice, some acts, while the name of "public interest" on the cover, but the actual result is that some individuals benefit, but public interest has not been reflected. If the Government is solve the housing shortage problems of local residents land acquisition, construction of affordable housing, this is a public purpose, but ultimately the general population of new housing is difficult to buy, but a small number of civil servants who do not meet the conditions of purchase, which is contrary to public purposes.


(C improve the urban house demolition compensation system

First of all, should be clear principles of urban house demolition compensation and compensation subject. Compensation for the establishment of principles of urban house demolition in the citizens effective protection of private property can be a prerequisite, should be established based on market prices of compensation given to the principle of fair compensation. To the citizens of the demolition of housing compensation should be consistent with the demolition of property when the market price, citizens from the demolition of not less than the minimum amount of compensation for property damage caused by the demolition. in the public interest in the demolition, the compensation shall be subject only to government, that is, above the county level People's Government is responsible for the administrative areas of housing demolition and compensation to the developer for the demolition of the main changes in the system design.


Second, to expand the scope of urban house demolition compensation, clear to land use rights, the expected interest income and other compensation related to intangible personal laws. Urban Housing Demolition based on the recovery of state-owned land use rights occur, citizens in the city reflected on the housing There are rights of land use rights and housing ownership. In law, land use right of land ownership is a corresponding property. Therefore, relocation of people in compensation for the demolition of housing compensation should be compensated with land use rights based, and should also be caused due to demolition of the expected return and the loss of intangible benefits related to compensation.


Third, improve the housing assessment mechanism. <"Urban Housing Demolition Management Regulations>> the provisions of the compensation, including housing, location, purpose and building area, and Condition of housing and building structures have not been listed as one of compensation. However, trading in the housing market, housing and building structures of different Condition on the market price of housing has a significant impact. the same location, use and building area of ​​new development properties for sale and second-hand house there is a huge difference between the market price, the complexity of building structures constitute important factor in the cost of housing construction. Therefore, relocation compensation should be different depending on which housing discrimination Condition. To improve the housing assessment system, the top priority is to emphasize the neutrality of the Housing assessment agencies, rating agencies not only in human, financial, and material on the out of government control, to ensure that the assessment of the independence and impartiality, but also to strengthen the legal responsibility of housing assessment agencies to avoid the demolition of their business collaboration with the demolition, the demolition of damage to the legitimate property rights.


(D strengthen the urban house demolition in the protection of civil procedure for private property

Urban house demolition in the Private Property Rights Protection in order to be fully effective, must be based on fair, reasonable and lawful demolition program as a guarantee, procedural Justice is the prerequisite to achieve substantive Justice. Thus, in all aspects of house demolition shall ensure procedural fairness.


1. Decision stage in the house demolition

First, the decision should be open house demolition information, listen to public views and expert opinions on specific issues to demonstrate the demolition hearing. Local people's governments above the county level shall be the purpose of house demolition, scope and time for announcements. Notice no less than 60 day, involving a wide range of not less than 90 days. while the demolition of public and expert opinion and the reasons for the adoption of the situation and housing demolition decision, local governments above the county level should be promptly announced. If the demolition and interested parties with the demolition of the local people's governments above the county level against the decision made by the demolition, may apply for administrative reconsideration or administrative litigation. Second, the relocation compensation funds should be established a special monitoring mechanism. not only to ensure that the demolition compensation funds, but also to prevent relocation compensation funds have been diverted for other purposes, damaging the interests of the demolition.


2. Phase compensation and resettlement disputes occurred

Under the current provisions, fail to reach agreement on compensation and resettlement, administrative ruling is the lead administrative proceedings procedures. This provision shields the demolition directly to administrative appeals and litigation protection of lawful private property means it is only legitimacy through the review of administrative decisions rather than reasonable to protect their legal rights. So, I think not reach compensation, resettlement agreement, either party may apply for administrative decisions and administrative reconsideration or bring an administrative lawsuit to the court directly, increasing by the demolition of their legitimate rights and interests of Remedies.


If the parties apply for administrative decisions, administrative rulings program starts, then the provisions of the existing administrative decisions should also be improved from the following three aspects: first, the specialized agencies established or designated by the principal as an administrative decision. Second, to further clarify the hearing held before accepting the award the proportion of households to be met and requirements, may provide for "compensation and resettlement agreement is not reached the number of households than two-thirds or more than three-quarters of the proportion of hearing should be held." Finally, the house demolition because it involves a substantial interest in the parties Therefore, the parties in the course of a hearing shall have full right to know and participate in decision-making power, should be introduced in the course of a hearing decision the hearing system. shall specify the personnel structure of the hearing participants, the number of Hearing and hearing all the participants were rights and obligations.


3. Demolition phase of the mandatory

As mentioned earlier, in the urban house demolition, the demolition must be a clear distinction between public and commercial demolition demolition of the two different types of behavior. Commercial demolition is a civil legal act, when the equal status of both parties dispute the demolition occurs, it can not for demolition of administrative enforcement, against the authorities intervene in the field of civil jurisdiction, is only applicable to mandatory removal of Justice. However, administrative supervisor of public power can be as involved in commercial demolition. [6] Secondly, in the public interest for the demolition of forced evictions and must be the implementation of compulsory relocation of the main clear. I believe that, in view of the improper exercise of administrative power by the demolition of the great damage of property rights, it is necessary to force the demolition of the executive power gradually withdraw from the field, but only to retain the right to compulsory relocation of the judiciary. by the judiciary implementation as an independent body, not only can improve the efficiency, but also avoided confuse actors with the confusion of the party situation, but also conducive to forced evictions in violation of the rights relative to a clear idea when the right object. Finally, the prohibition of forced evictions use of violence. relocation department and its authorized agencies shall not take interrupts heat, water, gas, electricity, etc. mandatory relocation. No unit or individual shall not by violence, threats and other illegal means of compulsory relocation. the illegal use of violent means harmful consequences, not only to compensate the loss, constitutes a crime, but also to be investigated directly in charge and other criminal responsibility.


In short, the urban house demolition must be accompanied by the transfer of state-owned land use right and house ownership changes. Housing citizens private property ownership is one of the core, home ownership can be effectively protected is directly related to private property rights can be maximize citizen protection. At present, China's law on urban housing demolition, rules, regulations and other normative documents, there was a contradiction between them and conflicts, which protect the private property of our citizens is very unfavorable. in the Urban Housing Units, " "Urban Housing Demolition Management Regulations>> suspect there are not only unconstitutional, in the design of the system there are also many flaws. Therefore, how to improve urban housing demolition as soon as the legal norms and the development of a mature urban housing demolition method, the effective protection of private property rights of citizens , the process of building the rule of law become a major issue solved.





Notes:
[1] History is treasure. On the legal characteristics of urban housing demolition [J]. Gansu Administration Institute, 2006, (3).

[2] Kai Lin Fu. Real Estate Law [M]. Beijing: Law Press, 2004.

[3] Zheng Xianfang. Urban Housing Units Legal nature of [J]. Housing Units, 2008, (10).

[4] Dan Youqi. Protection of Private Property Public Law - Constitutional and Administrative Law Perspective [M]. Beijing: Peking University Press, 2007.

[5] Yan Chen, Fan Yi. House demolition as defined in the public interest - of <Property Law "in the urban house demolition in the protection of private property [J]. New Academic, 2007, (3).

[6] Zheng Wei, Feng on behalf of the group. Urban housing demolition of the current system of compensation and resettlement thinking and improve [EB / OL]. Http://www.chinacourt.org/public/detail.php? Id = 184980,2010-03-12. Links to free papers Download Center http://www.hi138.com