The Contradiction And Harmony Between Public Power And Private Rights In The Urban House Breaking And Removing

The relationship between public power and private rights is a problem that is universally noticed by society in the recent years. And the problem of urban house breaking and removing is the focus. With the rapid development of economy, the urbanization has made great improvement since the reform and opening-up policy was adopted by China twenty years ago. During the urbanization, the urban house breaking and removing plays an important role, which betters the city's appearance and improves people's living conditions. Yet, it also arouses a lot of problems during the process. Unsatisfied with the policy, people always complain to the higher-level governments. Jiahe case which aroused a great attention of the whole country last year was a case that manifested this contradiction. Why such a project which was beneficial to people aroused such great contradiction? The author thinks it is necessary to deeply analyze the problem of urban private house breaking and removing. So we can find the origin of the contradiction, and put forward the methods to solve the problem. What's more, based on the above-mentioned, we also can better analyze the present relationship between public power and private rights in China.This essay includes five chapters. In addition, I add preface before its beginning, epilogue after its end.The preface points out the theme of this essay through introducing Jiahe case which happened in Hunan province.Chapter one systematically introduces the system of urban private house breaking and removing, including its nature, sorts, and process. What's more, we also analyze its legal relationship. Based on the analysis, we can conclude that the nature of urban private house breaking and removing is the conduct of property requisition for public good. In according to "Administrative Regulation of Urban House Breaking and Removing",it includes multiple legal relationships, such as civil relationship and administrative relationship.Chapter two defines public power and private rights from the view of jurisprudence. Base on this, we analyze the manifestation of the contradiction between public power and private rights during the course of breaking and removing urban houses.Chapter three mainly analyzes the causes of contradiction happening in the course of breaking and removing urban houses. The analysis mainly includes the following four aspects: the vacancy of law regulations, abuse of pubic good, dislocation of judicature, the influence of traditional ideas.Chapter four firstly analyzes the relationship between the public power and private rights from the view of jurisprudence. So based on the analysis, we can know how to harmonize the relationship between public power and private rights from the macroscopic aspect. Then after analyzing the problems happening in the practice, I provide suggestions on how to handle the relationship between public power and private rights.Chapter five mainly analyzes the present conditions of the relationship between public power and private rights from the microscopic perspective. Based on the analysis, we point it out that the key to handle the relationship is to protect private rights and prevent the abuse of public power. Additionally, I also provide suggestions on how to harmonize their relationship.The epilogue makes a summary to the whole essay.