Research On The Property Rights Protection Of The Relocated Households In Urban House Demolition

As China's urbanization is accelerating, the demolition of house has become an important activity of urban construction and development. To relocate houses in cities plays an important role in quickening the urban construction and the development of economy. Also to relocate houses in cities improves the urban environment and the people's living conditions. However, due to the imperfect system of house demolition laws and regulations, it has caused some property damage to the relocated people in the process of house demolition, and has caused great social contradictions. This thesis makes a theoretical analysis of the existing deficiencies of the house demolition system, puts forward the way to improve house demolition system, using the related law system of foreign countries for reference, and hopes that it of use to protect the property rights of the relocated people.Firstly, in this thesis it discusses and analyses the general theory of the relocated people property rights in the house demolition and introduces the house demolition conception, character and the property rights content of the relocated people:house ownership and land use right. On the basis, through the compares the difference between the law out of the relocated property rights, it obtains some enlightenments:due process of law, fair compensation and the public use in the protection of private property rights are worthy of our reference.Through the analyze the present situation and problems of relocated people property rights in our country, it is found that there are following question need to be solved:the relocated people property rights laws are loss; public interests definition are fuzzy; relocated evaluation system is distempered; legal relief system is imperfection. From the practice of urban house demolition of our country, it is put forward some reform paths:firstly, perfect relocated legislation; secondly, definite public interests exactly; thirdly, health the relocate evaluation system; fourthly, correctly treat the compensation of noticing time for different price; fifthly, build the effective judicial way. Though above measures, we can perfect relocated people property rights system and protect the relocated people legal rights.