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The Research Of Legal Issue On Housing Demolition

Posted on:2008-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:H Q NiuFull Text:PDF
GTID:2166360242477600Subject:Law
Abstract/Summary:PDF Full Text Request
Urban housing demolition is a hot issue can not be evaded in the process of China's modernization.As China's political and economic restructuring,urban housing demolition is increasingly complex.This article point to deficiencies and shortcomings of the existing housing system through theoretical and empirical analysis, and comparison of the foreign-related legal system on how to amend the demolition of housing system to provide the corresponding measures.The article is divided into four parts of the body.(1) Building Demolition system outlined on the concept of urban housing demolition, characteristics and the nature of their legal position should be straightened out .brief introduction of related laws and regulations is made.(2) Analysis of the legal system,analysis existing problems of urban housing demolition.a) Procedural issues ,during the process of housing demolition permit applications,people were not involved,but only by the activities of the demolition of a party to apply unilaterally by the government through administrative departments in charge of licensing to determine whether the activities carried out.Actually demolition demolition of people who were forced to abandon their housing ownership,the transfer of ownership was not fair.b)Compensation,In practice, the benchmark price of compensation did not change under the Town timely adjustment of house prices, resulting in price and the market price assessment falls far short.c)Mandatory demolition,city and county government is only made compulsory demolition of the main decisions rather than the direct application of the compulsory demolition."Demolition Ordinance" provisions of section 17 only "by the seat of the city and county government has instructed relevant departments to mandatory demolition"But "relevant departments" refers to legislation which departments were not clear, for the actual operation of this provision leave a lot of hidden dangers.d)Solution of the dispute,In practice, and removal and the parties made compensation and resettlement agreement, the situation often estoppel.Demolition of the parties for compensation and resettlement agreement entered into after estoppel, the other party can be based on November 1, 2001 implementation of the "urban housing demolition Management Ordinance," the provisions of Article 15 in accordance with the law to file civil actions.3) The relevant system from abroad,Comparative analysis of the United States, Germany, Japan in urban housing demolition in the system design, find a useful reference for China's Department.(4) Improve the proposal,exploring a perfect path for China's urban housing demolition.The development of urban housing demolition law amending constitution,Prior to the publication of the demolition of the law and regulations.The establishment of legitimate demolition proceedings; demolition of the establishment of a fair compensation system; perfect relief demolition legal channels.
Keywords/Search Tags:Property rights, demolition, public interest
PDF Full Text Request
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