Study On The Subject Problems Of Private Right Protection In City Houses Removing Of Our Country

The problem of city houses removing becomes the focus problem during the processes of economical building of our country. The reason is that the legal system of city houses removing have not been the balancer among all of the interest principal. The subject reasons are the lack of the legal consideration idea, the lack of legal protection, and the imperfect of the legal system. This article touch upon the truth of city houses removing, the reason of the problem of city houses removing, the theory basis of the private right protection, the perfect system in city houses removing of other country,and how to perfect the legal of city houses removing. Abide by The Constitution and The Law of right in rem, analysis the private right protection theory and system. This article used the methods of positive analysis, economical analysis, contrast analysis, and so on. the goals of the analysis are to make clear the principal of the removing legal relation, the implement processes, the standard of the removing compensation, and to perfect the removing relieving system, and to realize the affect of making the principal of private protection stronger,and making the legal system more perfect.There are some outstanding problem in the urban-house removing.first, the interest of the owner have been damaged,owners had no deciding right and knowing right, both of the removing subject could not form united consideration in public interest, the standard of compensation was not according with the market regularity, the scope of the compensation was too narrow, the estimate institution have not bring into playing the affect of the third party. second the credit of government was come down. Government absent the scientific decide, appeared the corrupt action, and un-proper enforcement. third, the rights of owner were absented the relieve avenue. The authority legislation lead to the system of removing become heterization,and could not acquire the good result.the reason of these problem include the system element,and the more important element is that the consideration of private right protection was not thorough.Effection by the planning economic,the private right has not been attach importance,but with the building and development of market economic,the private right become the important right. looking from the structure of the private right,the four element were subject, object, action, and human be controlled..so,the human be controlled and self-controlled action were the part of the structure of private right.,and the theory of the private right contain the protection of the private right..looking form the administrative,there are three administrative in the private right, basic right, assist right and relieve right.The system will be un-perfect if absent any right.and absenting the relieve right will weaken the protection of the private right.The public right and the private right were opposed,but also have closed relationship.The public right serviced the private right,the private right was the source of the public right, the objection of the public right is protect and develop the private right. Without the private right, without the significance of the public right.In the history,the public right and the private right are alwase in the gaming.the impotant element of protection private right is limiting the disoperation of public right.This is impotant to finding the road of solving problem,and perfecting the system of urben-house removing.The reason in law of the urban-house removing are that absenting the attach important to happiness of human,the private right protection were not the first principle, and there are absent in the system. To perfect the system of the urban-house removing, first should make the biggest happy of the most people to be the principle of the law. second make the private right protection to be the important principle of the law. third rebuilding the system of house removing, builing the right legal relationship, define the public interest, change the abuse circumstances, perfect the relieve syatem, make the removing action according with the legal government, protect the private right of people.This essay includes six chapters. chapter one is introduction offer the question, and discusses the research status in domestic and abroad.Chapter two discusses the history of dismantlement and related legal norms.Chapter three discusses the privacy protection theory of the dismantlement,and analyses the relationship between privacy right and public right.Chapter four discusses reasons about the problems of the dismantlement,and it includes the basic legal ideas and realistic institution.Chapter five references the foreign property tax system,including American,Germany's,Japan's.Chapter six discusses perfections about the dismantlement institution,including Urban-house removing compensation,real estate appraisal system and so on.The core problem is the privacy protection in the urban-house removing,and used the constructional and administrative theories. The essay uses the empirical analysis method,economic analysis method,comparative analysis method, in order to realize the goal of cope the problem.