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Legal Research On Several Questions Concerning House Demolition

Posted on:2006-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:H L LiFull Text:PDF
GTID:2166360152999703Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The large-scale urban house demolition is out of order now. It has arosed many malign affairs and has become a serious social problem. By means of jurisprudence explanation, we can recognize that the current rules to supervise house demolition itself is violating the Constitution. The current rules do not differentiate the "commonweal house demolition" and the "commercial house demolition". A lot of contadictions between the rules make it hard to take legal house demolitions. Local governments and land developers always utilizes the leaks in the legal system to put teeth in house demolition. They obtain the civic land usufruct and houses lawlessly to seek sudden huge profits together. It is many institutional and mental causations that bring on these problems, such as that we disrespect the Constitutional rights and there are too many legal leaks, and the government power is oversized, and our thoughtway is wrong, etc.. So we must bring the urban house demolition into the path of law. This will help to resolve the conflicts of interest in house demolition, intensify safeguard to human rights and property, restrict governmental action and advance economic growth.We should confirm the urban house demolition system's rudders as follows: the law is sovereign, steady and exoteric; the judicature is unattached; equal protection; impartial compensation and freewill arrangement.In the "commonweal house demolition", first of all, we ought to define the conception of commonweal. The existing laws do not request the house demolition for commonweal. We should amend the existing laws and define the commonweal distinctly. When disputes arise, the parties should have right to require hearing of witnesses, to apply administrative redress and to bring an accusation against. The court should be the last arbiter. The compensation should be adequacy. The so-called compellent house demolition only can be applied in the "commonweal house demolition".The "commercial house demolition" is a kind of contract action between au pair civil individuals. It must keep to the rules of faithfulness, credit and autonomy. There are some...
Keywords/Search Tags:Actual rule, Rule of law, Commonweal house demolition, Commercial house demolition
PDF Full Text Request
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