A Study On The House Owners Rights Protection Movement In China

This article is a general sociology of law research about the rights of house owners protection movement which as a major event in China. To the perspective of social movement theory, we investigat and discuss that the origin of the house owners rights protection movement, the interest games in the property relations, the house owners rights protection movement's patterns and significance.The article argues that house owners rights protection movement in china combined effect by the background factors and determinants factors.The social change, the community power rights structure and the house owners legal role are impact factors of the house owners rights protection movement in china. While the resentment, the awareness of the rights, the agreement of the liberation, the structure of the political opportunity, the strengthen of organization and the mobilizing networks, these six independent variables constitute the determinant fact of the house owners rights protection movement.The structure of the political opportunities and the strengthen of organization are the key variable of the house owners rights protection movement in china. The structure of the political opportunities determinied the house owners rights protection movement's success, the house owners rights protection movement reflects the politics of rights's development in China's state, that is the politics of rights is newborn but less growth.The resentment, the awareness of the rights, the agreement of the liberation, the structure of the political opportunity and the mobilize networks can explain the house owners rights protection movement. These six variables constitute an interpretive framework of the house owners rights protection movement in Chinese context.This study includes six parts.They are chapterâ… :introduction, chapterâ…¡:the analysis of the house owners rights protection movement's sprang, chapterâ…¢:the interest games in the residential property relations, Chapterâ…£:the rights protection mode of house owners rights protection movement in china, Chapterâ…¤:the significance of house owners rights protection movement in china and conclusion.Chapter I:The research's background and significance are presented in the introduction.We make a review of the research, we analyzed the academic inadequacies about house owners rights protection movement and the lack of social movement theories in china while we propose an explanatory framework of the formation and success of social movements in china.We describe the scope of the study and research methods.Chapter II:We explore the origin of house owners rights protection movement in china. Including the following contents, the historical background of the house owners rights protection movement.They are the residential development and the changes of the process of urbanization, the transformation of the power structure of the urban district management.The realistic background of house owners rights protection movement.They are legal role of owners in the city district and the analysis of owners rights in the urban property.Intrinsic motivation of owners rights protection movement including that the accumulation of resentment, the strengthen of the rights'awareness and the generation of agreement of the liberation.We believe that the relative deprivation caused about social transformation leading to primary resentment and secondary resentment of house owners; the strengthen of the rights'awareness affect the rights violations; These things that social comparison, social categories and positive specific stimulated the agreement of the liberation of house owners.The external drive of house owners rights protection movement.They are the structure of the political opportunity's expansion, advocacy group's strengthen and resource mobilizat network's diversification. The house owners have the beneficial structure of the political opportunities through the opened political channels, divided elite and supported by ally; they also have the new organizations, core members and improved organizational capacity; the state of society and the choice of network can provide the impetus to house owners; The influence of the house owners rights protection movement for the politics of rights. They are related to the protection of house owners rights, rights discourse's upgrade and the changes of political law system. We analysis the rise of the politics of rights in china.Chapter III:This part focus on the interest games in the residential property relations, mainly related to the following questions, the interest in residential property, they are the analysis of the interest of property, stakeholders in the interest relations, specific patterns of the interest games. We think, during the property relations, there are three stakeholders that the main of property consumption, the main of property supply and the main of property management; there are also have different game forms during the main of self-interest, the main of self-interest and public interest, the main of public interest.The imbalance between the interests in the interest games, including that the interest games's imbalance and the consequences of the imbalance between the interests. During the interests of the game, the unequal of game platform make the imbalance between the interests of house owners.The rational choice during the game, involving that the calculation of the house owners about the cost of protect rights, the pursue from the interest to the right and the action strategies of house owners rights protection movement. We discusses the factors which affect the participation about rights protection movement, the house owners demands'sublimation during the rights protection movement and the way that can promote the house owners involved in the rights protection movement.ChapterIV:This part focus on the rights protection mode of the house owners rights protection movement.We analysis the rights protective mode's type, they are administrative mode, judicial mode, extrajudicial mode and political expression mode. We have a point that all the four activist mode do have a lot of deficiency, it make the house owners go into the difficulties even through they choose any one of them; We also investigate the root causes of the house owners rights procetion movement's dilemma. In fact, it is the structure of the political opportunities that have a bad influence about the house owners rights procetion movement.We discus the influence of the house owners rights protection movement's dilemma on the politics of rights finally, including that the lack of rights protecting, the defects of the right words, the imperfective of governance and law system. We illustrate that the newborned politics of rights is still immature in china.Chapter V:We discuss the significance of the house owners rights protection movement. In this part, we mainly focus on the overall analysis of the house owners rights protection movement, they are the house owners rights protection movement in the variable analysis and the characteristics of house owners rights protection movement. We think that the explanatory frame of social movement theories in china can be certified by way of the house owners rights protection movement; we analyzed the six independent variables in this frame and their relationships, while discuss the consisting of features about the house owners rights protection movement that as a social movement theories.The meaning of the house owners rights protection movement on law, they are including that guiding activists according to law, the growth of awareness of rights, the improvement of the legal system. The meaning of house owners rights protection movement on community, involving the advance of democratic self-government and the cultivation of civil society.We think that house owners rights protection movement have a positive effect on these two areas.The meaning of house owners rights protection movement on political. The specific contents are political participation willingness of excitation and perfection of the mechanism of political expression. Through the analysis about the political participation willingness of excitation and the perfection of the mechanism of political expression, we believe that the house owners rights protection movement can display the useful contribution to political.Conclusion:We summarize the house owners rights protection movement finally and illustrated its positive significance.We demonstrate that the house owners rights protection movement have a very important role on the vulnerable groups'rights protection and on the reflection to the politics of rights, it give us a direction about the development of politics of rights.It is possible that explained the house owners rights protection movement by way of interpretative framework of social movement theories.The research that house owners rights protection movement from the perspective of social movement theories, can help us answer the question that how to protect the right and why the right can not be guaranteed from another perspective.