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Legal analysis: Demolition refers to the legal act that the unit that has obtained the demolition permit dismantles the houses and their appendages within the scope of construction land according to the requirements of urban construction planning and the land use documents approved by the government, resettles the units and residents within the scope, and compensates their losses. The development of a city is a process of continuous reconstruction. With the smooth implementation of China's economic system reform and the gradual establishment of a socialist market economy, the productive forces have developed unprecedentedly. For the overall planning of the city and sometimes for the needs of special national projects, it is necessary to demolish and relocate the original buildings, so as to realize the overall unification or rational utilization of the increasingly tense state-owned land resources.

Legal basis: Regulations on the Administration of Urban House Demolition

Article 7 To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department of the people's government of the city or county where the house is located:

(a) the approval document of the construction project;

Construction land planning permit;

(three) the approval document of the right to use state-owned land;

Demolition plan and demolition plan;

(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.

The housing demolition management department of the people's government of the city or county shall review the application within 30 days from the date of receiving the application; Upon examination, if it meets the requirements, a house demolition permit will be issued.

Eighth housing demolition management departments in the issuance of housing demolition permits at the same time, should be specified in the housing demolition permit demolition, demolition scope, demolition period and other matters, to be published in the form of housing demolition notice.

The house demolition management department and the demolished person shall promptly publicize and explain the work to the demolished person.

Ninth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition.

Need to extend the demolition period, the demolition should be taken before the expiration of the demolition period to the housing demolition management department to apply for extension of the demolition; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.

Tenth people can take their own demolition, demolition can also be entrusted with the qualification of the unit to carry out the demolition.

Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.

Eleventh demolition commissioned by the demolition, it shall issue a power of attorney to the entrusted demolition unit, and conclude a demolition entrustment contract. The demolisher shall, within 5 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the house demolition management department for the record.

The entrusted demolition unit shall not transfer the demolition business.

Twelfth after the demolition scope is determined, the units and individuals within the scope of demolition shall not carry out the following activities:

(1) Building, expanding and rebuilding houses;

2. Changing the use of houses and land;

3 renting a house.

The house demolition management department shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The longest suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the house demolition management department, and the extension of the suspension period shall not exceed 1 year.

Thirteenth demolition and demolition shall, in accordance with the provisions of this Ordinance, conclude a demolition compensation and resettlement agreement on matters such as compensation methods and compensation amount, resettlement housing area and resettlement location, relocation period, relocation transition mode and transition period.

If the leased house is demolished, the demolisher shall conclude a demolition compensation and resettlement agreement with the demolished person and the lessee.

Article 14 If the houses managed by the house demolition management department need to be demolished, the demolition compensation and resettlement agreement must be notarized by a notary office and the evidence must be preserved.

Fifteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolition person or lessee refuses to move within the relocation period, the demolition person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.

Sixteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, managed by the people's government at the same level. The award shall be made within 30 days from the date of receiving the application.

If a party refuses to accept the award, he may bring a suit in a people's court within 3 months from the date of service of the award. In accordance with the provisions of this Ordinance, if the demolisher has given monetary compensation to the demolished person or provided demolition resettlement houses and turnover houses, the demolition execution will not be stopped during the litigation.