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Property Law from the Perspective of the Demolition


Real society, the private property of citizens is not absolute, it must be a compromise to the public interest. However, compromise does not mean unconditional sacrifice. L3 China's current Constitution stipulates: destroy or affect the use of usufruct usufructuary right to exercise, the usufructuary is entitled in accordance with Article Forty-second Article forty-four receive appropriate compensation provisions. Used to distinguish between legislative culture of With I believe that public and commercial demolition demolition are two very different nature of the act, should be treated differently. Demolition in the public interest, the compensation should be implemented. Commercial demolition, the compensation should be implemented. (B) the amount of compensation, the determination of the amount of compensation the world standards on compensation for expropriation, there are a variety of different compensation models. The first full compensation mode, which requires the implementation of the full amount of compensation for expropriation and requisition, follow the Second, the appropriate compensation model, which provides for appropriate compensation for expropriation and requisition, what is Third, fair compensation model, is the balance of public interests and private interests decided the principle of compensation, fair compensation is usually based on fair market value compensation. Fourth, reasonable compensation model in which balance the needs of public, property status of the parties to give reference to the appropriate amount of compensation-4J. In my opinion, the public demolition, should be fair compensation mode, though it is based on public interests, but the government should give homeowners a fair and reasonable financial compensation,[link widoczny dla zalogowanych], and not abuse of public authority, any infringement of citizens to private property. If the compensation according to market prices, it can also be reduced to some extent, the government bought at low sell high phenomenon. For commercial demolition, should be based on actual loss as a compensation standard, that of full compensation mode. Acts of demolition demolition lost because the number, the developer should be how much compensation. If the homeowners suffered losses or damages can be reasonably compensated, can greatly reduce the demolition caused the dispute. Establish a sound system of five judicial relief too much emphasis on the existing system of executive-led government enjoys an absolute demolition of decision-making power. Relocation behavior of the lack of effective oversight mechanisms, prone to the phenomenon of abuse of rights, is not conducive to protecting private property rights of citizens. In the event of relocation disputes, usually set only by the executive authorities to seek relief program, which is obviously unfair. Land expropriation and house demolition in the process, the demolition is usually the bottom of the group. These powerful people in the face of government power and the developer, no matter how persistent and tenacious, and always seems are weak and vulnerable. In addition, due to the lack of legal knowledge and lawyers, the high cost of litigation, it is easy to make them give up the judicial process, turn to violent confrontation, petitions, etc.. So you can consider such special judicial proceedings, a special legal aid fund established by the people's court for those who can not afford to pay the legal fees of the professional lawyers assigned to the demolition, and permission to delay of payment or exemption from court costs, to help them safeguard their legitimate rights and interests-5J. If it is caused by demolition of public disputes, the government should institute an administrative lawsuit. If a commercial dispute triggered by the demolition, developers and homeowners should be as equal subjects of civil disputes arise, the parties should bring a civil action.