The Protection Of Citizen's Right While The Urban House Is Pulled Down

The state policy "run the country according to the law and build the socialist country governed by the law"is put forward under the new situation by the Communist party of China . It indicates that the Communist Party of China is changing greatly the idea in power. It is the important link that the Party strengthens the construction of ability of administration; it is an only way of marching toward the political civilization. The essence of nomocracy is protecting the citizen's right, the core of running the country according to the law is to restrict and manage government's power. At the mention of the source, government's power is set up to ensure public happiness, but it is easy to do harm to citizen's right because it has grasped social resources and various kind of compulsive means. It is a hot question that can't be avoided in the course of china's modernization that the urban house is pulled down by force. A lot of examples taking place during pulling down reflect the current situation of China's right protection which is exciting and sad, and reflect a great deal of expectation of government's construction by the vast citizens, and cause people to exercise the deep thinking of the relation between citizen's right protection and government's power, and easily make people strengthen identifying with general plan of running a country according to the law, impel people to think that they should make a bit for the construction of Chinese law. In view of these, under the guidance of my tutor Dr. Chen Hongjiang, I have explored this question utilizing the typical case of the urban house while pulled down by force. The full text, besides the introduction and conclusion, was divided into four parts altogether. The second, third and fourth part among them are focal points of the thesis. In the introduction, I have explained and defined the concepts (such as pulling down by force, running by law,etc) that the thesis involves using the linguistic context, and has shown innovations and methods of this thesis. The first part: Discuss from the quickening of China's urbanization, this paragraph points out that the urbanization is a developing trend of China's economy and society. The update and modernization of urban function is also a must for city development, which need pulling down some cities' house. Thus the question of citizen's right protection while pulling down is put forward. The second part: Explaining the exemple, we probe into public interests and citizen's right protection when pulled down by force. This part writes out three case of urban house pulled down by force in Jiahe of Hunan province at first. Then we use the theory of public interests to explain that some pulling down by force is false "names of public benefit", some pulling down by force is for the sake of public interests in deed, but the realization of public interests has deviated from the proper procedure, thus aggrieve citizen's right. Next, the article explain that the pulling down by force impinges 7 citizen's rights: life and health right, property right, working and ensuring right, right of being aware, fair trading right, judicatory relief right and the right of participating in great affairs. Finally, the part has carried on the discussion of the signification of the theory of citizen's right and the protection of citizen's right: the construction of running by law should regard "right standard "as the value orientation, and the protection of citizen's right can ensure the running of healthy socialist market economy, and can settle solid foundation of social stability, and can greatly promote the progress of the political civilization, and can settle solid foundation of the harmonious socialist society, and can offer wide prospect of people's liberation and overall development. The third part: The threat of running according to the law in modern society is not mainly from citizen individual, but public power and government's staff. The focal point of running the country according to the law is the governmental power abiding by laws, and the focal point of governing power lies in managing government's power so as to guarantee to administrate the state according to law. Government's power is the most active power in the state power, its degree of being active is in direct proportion to thousands of the national affairs, the complexity of the society creates the wide space that government's power can enforce judging freedom and even can formulate the administrative statute. Government power is apt to expand, for it needs freedom but is easiest to be free immoderately. It is the most difficult power to control although it needs to control at the most. We should put the chains of responsibility into the government and his staff, and offer the effective supervision, thus the power is difficult to be abused. On the basis of further discussing the idea of running according to the law, this part proposes that under the background of running the country according to the law, the government must be juristic government, limited government, responsible government and service government. It has discussed the function that the government can offer in pulling down by force, and then proposes that wanting to strengthen role consciousness of government's staff in the general plan of running a country according to the law, we must exert from several following respects: (1) Strengthen the education of the correct outlook of power and strengthen the study of laws and regulations; (2) Enlarge the cost of government staff's illegal deeds; (3) Set up the mechanism of official supervision under the Party's leadership with the core of justice supervising; (4) Open up new way of surveillance by the messes, including setting up directly elect system when electing a head of a county or a mayor and making use of the supervisory strength of network media. The forth part: Sought the way to resolve the problem of the urban house pulling down. This part has discussed how to settle the concrete problem of the pulling down under the existing system while fully considering 12 respects, such as the weak status of people whose house will be pulled down, and setting up operating market mechanism, etc., and put forward the great proposition that we should acknowledge the right to use the land while pulling down urban house. Next, we have examined the legitimacy of "The administrant byelaw of the urban house while pulling down "in terms of legitimacy principle and the law, and put forth that in order to protect citizen's right assuredly when pulling down urban house, we must abolish "The administrant byelaw of the urban house while pulling down", and legislate for the problem of urban house pulling down again by National People's Congress. Conclusion: We sum up and summarize main standpoints and measures of resolving the problem in this thesis. We believe firmly that under the leadership of the Communist Party of China, with the value concept of running the country according to the law rooted in the hearts of the people, and with our country protecting human right more and more, following the energetical promotion of the outline of administering the state according to the law, the Chinese citizen's protection of rights and the construction of the law is a heavy burden,but the dawn appears!...