Autonomy and Regulation: Legal Regulation of Commercial Demolition

DOI

10.2991/978-2-494069-13-8_61How to use a DOI?

Keywords

Commercial demolition; legal regulation; autonomous; regulation

Abstract

Since the privatization of housing and the formation of paid land use system, commercial demolition has existed for a long time in China. However, there is no clear legal regulation on commercial demolition. In 2011, the regulations on housing expropriation and compensation on state owned land amended the abnormal system design of the original regulations on the administration of urban housing demolition, and commercial demolition has realized a return in form, that is, the acquisition of commercial land is solved through pure autonomy. However, the commercial demolition did not continue to be brilliant, but declined day by day. Based on its essence and practical difficulties, the regulation of commercial demolition should adhere to the value orientation of private law autonomy as the principle, supplemented by appropriate state intervention, and The legal rules of commercial demolition need to be reconstructed. On the premise of autonomy of both parties, on the one hand, we should supervise the entry and process of the demolishers; On the other hand, it is necessary to intervene in the excessive abuse of power by the relocated people, focusing on the balance of interests. The possible paths after its typology are as follows: in the types of commercial interests and public interests, autonomy is the principle and forced sale is the supplement; In the types of commercial interests and collective interests, autonomy is the principle and collective voting decision is the supplement; In other types, both parties are autonomous, and only the demolishers are supervised.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Cong-jun Jing
PY  - 2022
DA  - 2022/11/29
TI  - Autonomy and Regulation: Legal Regulation of Commercial Demolition
BT  - Proceedings of the 2022 International Conference on Sport Science, Education and Social Development (SSESD 2022)
PB  - Atlantis Press
SP  - 515
EP  - 521
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-13-8_61
DO  - 10.2991/978-2-494069-13-8_61
ID  - Jing2022
ER  -