Research On The Hold Out Problem Of The Eminent Domain

Under the Eminent Domain, the hold out problem of land acquisition and demolition has become a difficult problem in the process of urbanization. Based on the theories and methods at home and abroad, this article research the hold out problem of land acquisition and demolition scientifically.The main contents of this article include:To Construct the research framework; to analyze the social background of the hold out problem of land acquisition and demolition; Combined with the case study, to conclude several typical strategies of the hold out behavior; to find out the main factors influencing the hold out behavior based on the Binary Logistic model; to analyze dynamic characteristics of behavioral evolution of the hold out behavior using structural equation model; to put forward some policy proposes based on research findings.Study on the research framework, this paper presents the following conclusions:1. The social context, which continue to occur the land acquisition and demolition boycott incidents, is constituted by social transformation and structural changes, the public awareness of the benefits awakening rights, the stability maintenance system, the high housing prices and the high cost of living, the dissatisfied with the community of the people, and the distrust amongst of some government.2. Peoples’main expressions, of the holdout behavior in the land acquisition and demolition, are the weak, the rightful resistance, the exposure, the interest, and some specific strategies. The holdout behavior, which is a kind of act with certain against nature, usually uses some artifice, which is fringe or just step on the line do not cross the line.3. Facing land acquisition and demolition, peoples’willing and expectations is inclined to look forward to. In the process of land acquisition and demolition, most of the holdout behaviors like "nail household","petition", are not because of the people believe the government is robbing the house and land. There is also not much political appeal of the "land acquisition counteractive politics". More time, they just want to get more interest space in the game with the government.4. The model analysis which based on the sampling questionnaire in Hangzhou shows that individual basic characteristics, social capital, social security and related systems, social background etc. factors, have specific effects on the hold out behavior of land acquisition and demolition.5. Institutional factor as a visible cause of the holdout behavior in land acquisition and demolition, which activates the accumulated emotion. The society background not bound to lead to all kinds of the hold out behaviors in the land acquisition and demolition, but as a kind of affective motive power acting on the people, and influence their action and mentality. Especially, it influences peoples’ consideration to the land acquisition and demolition institutional policies, and then, promotes the the holdout accidents to happen and evolve. Risk perception not only influence peoples’behavior, but also influence peoples’ judgment to the exact land acquisition and demolition institutional policies which may influence the hold out behavior happening and evolving as further. So, a few local governments choose all kinds of violent measures, such as verbal threats, interest threats, blowing petition, violent stop, to solute the holdout problem, which measures may reduce the holdout behavior during the land acquisition and demolition on the surface for their own safety and interests concerns., but can’t avoid the effect of land acquisition and demolition in the root. Instead, they trigger widespread scepticism of land acquisition and demolition, and intensify contradictions.Based on the detailed analysis, we draw the following conclusion that, the prevention and control of the hold out behavior in the land acquisition and demolition should unfold from Improving the land acquisition and demolition system, improving governmental credibility, expanding the social capital to build a diversified resolution mechanism, shaping good social public background opinion, and so on.