Study On Protecting The Private Property Of House's Owners During House Removal

Many striking social conflicts arise from house removal, whether or not which can be settled successfully will concern society stability. The thesis points out the legislation conception of the law attaches too great significance to efficiency of construction item, and cares less about fairness for the house's owner. The flawed law results in repeated violation against private property of the house's owner in practice. The clause about protecting citizen's legal private property was added in Constitutional Amendment in 2004, so it is a pressing topic to perfect the law under guideline of Constitution essence so as to protect the private property of house's owner. Therefore in the name of protecting the private property of house's owner the thesis intends to reveal legislation demerits in the law by method of historic research, comparative research, pragmatic analysis and the like, furthermore to put forward several amendment proposals to be used for reference in perfection of the law.The thesis is divided into four chapters besides preface and conclusion. The preface clarifies significance and object of this study. The first chapter is a sketch of house removal, which states briefly the notion of house removal, the legal characters and classification of it, and defines the legal nature of it, moreover puts forward the notion of house removal should be introduced in a broad sense into the law. On the issue of nature of the law, the chapter recommends differentiation theory, including commercial removal and commonweal one; the former is civil action and the latter is administrative expropriation. The second chapter tries to provide theory base for protecting private property of the house's owner through study on philosophy foundation and constitution essence related to it and from the point of reconciliation on conflicts between public power and private rights. The third chapter reveals the shortages of'The administrative regulation of urban house removal'in protection for private property of the house's owner by combing the legislation...