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On The Protection Of The Rights And Interests For The People Being Demolished And Relocated During The Demolition And Removal Of Urban Houses

Posted on:2008-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:X Q WengFull Text:PDF
GTID:2166360242459453Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid progress of the urban modernization and the great improvement of citizens′living conditions in recent years, the issues caused by the urban houses removal are gradually increasing due to the ordination of the new law. The developmental measure of the urban houses removal which used to be beneficial to the citizens is confronted with confusion and resistance. This article focuses on the right protection of the removal households and tries to analyze the drawbacks as well as find out the reasons in order to search for the countermeasure to effectively protect the rights of the removal households and eliminate the happening of the conflicts in the removal.This article firstly points out that the most important thing in the removal is allocation and compensation on the basis of the definition and characteristics of the urban houses removal .The mental compensation mentioned in this article is even adventurous in theory. Referring to the drawbacks in the right protection , the article divides the illustration into three parts which are procedure,substantial and relief approach .The drawbacks in the rights protection lies on the lack of public pre-participation and the governmental credit which results in the operation without supervision . Meanwhile, the simple compensation way and the narrow compensation scope as well as the low compensation standard are also included. There are three reasons for these drawbacks. Firstly the chaos in the legislation including the lack of academic basis on the imposition which is stipulated by the administrative law and the explicit definition of the public interest as well as the weaken of the jurisdiction in legislation. Secondly the governmental power is dissimilated into a tool to grasp interest because the government usually stands by the removal households′side in the fake of his own interest. At last, no such a relief channel such as arbitration, litigation, appeals and self-help is effective and strong enough to protect the rights of the removal households. With the analysis above, the article finally comes to the conclusion that strict legislation is a absolutely necessary way to effectively protect the rights of the removal households. For example, the substantial examination should be enforced toward the issue of the removal license, the definition of public interest is clear and explicit, the administrative compulsive removal power is supposed to be cancelled while the penalty against the illegal behaviors ought to be strengthened. Besides, the hearing in advance of the removal can not only endow the judicatory department with the examination of rationality of the removal but also lesson the removal households′burden of lawsuit. In this article, the author originally put forward the viewpoint of diverse allocation for the removal households which especially take the factor of employment of the removal households into the consideration. At last , the author make a proposal that the scientific outlook on the development should be cultivated among the administrative officials and the substantial system should be improved in order to keep the urban houses removal and economic development in harmonious and furthest protect the rights of the removal households.
Keywords/Search Tags:houses demolition and removal, people being demolished and relocated, Protection of the Rights and Interests
PDF Full Text Request
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