The Analysis in the Legal Issues of Urban Housing Demolition in China
|Keywords||Urban Housing Demolition economics and law analysis Taiwan the proposed|
Urban demolition has become an important social issue of China’s large and medium cities, especially the driving force of urban development. How to apply legal means to resolve disputes in urban housing demolition in the conflict has become a serious problem. China’s urban housing demolition, the demolition of the legal protection of the rights situation is worrying. Now controversy about the collective urban house demolition is focusing on the imperfect laws and regulations, and also the qualitative behavior is not clear demolition, the demolition of the subject is not clear, the public does not fully express the content, expression means is not fixed, not smooth and relocation compensation is too low and so on. I combine existing research and some personal reflection, using an open letter of JD Wang Jinwen from the Tsinghua University to start the event, around this typical event, begins by describing the current process of urban housing demolition, summed up the program in urban issues arising from the demolition process. On this basis, from law and economics, this two perspectives, interpreted the Rights interests and other related interests of government, developers and the demolition, deeply analysis the legal reasons. Combining with China’s current urban house demolition in contrast to the concrete practice of house demolition reference system in Taiwan, find out the current issue of urban housing demolition and legal difficulties. Finally, give recommendations from several aspects to solve the problem of urban housing demolition:1. Improve the urban house demolition laws and regulations, as soon as possible to develop "the expropriation of property law", reflecting the coherence of legal system; 2. Find out the difference between the "public interest development", "commercial development" and "old town conversion" and other legal concepts, clarify the legal relationship between house demolition; 3. Make the rational design of housing demolition program, run it by public supervisory powers, introduce the public expression mechanism:4. Distinct the legal status of government and its agencies, use market mechanisms to address the problem of urban housing demolition.