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The Protection Of Interests Of The Owners Of Removed House In Urban Housing Demolition And Relocation

Posted on:2011-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:W H LiFull Text:PDF
GTID:2166330332963242Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy and society in China, a large number of urban house demolition activities launched in every city. Because of China's "Urban Housing Demolition Management Regulations" is out of date and its imperfections, the inadequate analysis and discussion both in theory and practice on the issue of urban house demolition, resulting in the interests of relocatee is seriously damaged during urban house demolition, even in some case it caused untoward incidents and mass disturbances. Then, How to smooth house demolition while the give maximum protection to the interests of relocatee, has become an unavoidable and urgent problem to legal academics and practitioners.The thesis will discusses the protection of interest of relocatee during the urban housing removal in three parts.First of all, the first part start with research urban house demolition from our laws and regulations, give an overview of related legal concepts, legal nature and possible loss of relocatee during the demolition. As the clearness of legal nature of demolition have great significance in whether the demolition have coercive power, ascertain the relocation compensation and resettlement compensation mechanics, so that this part will focus on the legal nature of the demolition of public interest and demolition of non-public interest these types of demolition.Second, in the second part of the paper, in combination with the relevant legislation on demolition and normal practice, analyze how our legislation protects relocatee" s interests and its defects at the current situation. The focus problems in demolition are:use the administrative regulations "Urban Housing Demolition Management Regulations" to regulate the demolition is conflict to upper law; the current law does not make a clear definition of public interest; the government's role in the demolition is misplaced; demolition compensation system is incomplete and the relocatee was not fully involved in the demolition decision-making procedure, these five issues will be the focus of this part.Third, for the five questions that mentioned in second part, in the third part of the text, combine with definition of public interest, the mechanism of house assessment and hearing system wrote on " The Ordinance of Levy and Compensation of Houses on state-owned land (draft)",which released by the State Council on January 29,2010 released, put forward my personal opinions and legal advices on protecting the interests of the relocatee, the advices include:to draw up high-order legal norms to regulate demolition; to define the public interest and its legal nature to define its boundary; to clear the government's role in the city house demolition as planners, regulators and protector of the interests of the relocatee role of; to establish a reasonable compensation system from compensation pattern, compensation scale and house assessment system; to introduce Hearing System to urban housing demolition. This part is the most important and difficult part of the thesis. How to find a balance point between protecting private rights and meeting the needs of urban construction, should always be an unavoidably and continuously exploring problem in urban house demolition. I hope the advices of this thesis can be conducive to establish and improve the legal system of urban house demolition, give better protection to the interests of relocate, and Promote the harmony and stability.of our society.
Keywords/Search Tags:Urban House Demolition And Relocation, Relocatee, Interests Protection
PDF Full Text Request
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