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Analysis To The Administrative Law Relationship On The Houses Demolition

Posted on:2008-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:J B ZhouFull Text:PDF
GTID:2166360245490658Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the economy increasingly in the cities, and the expropriation to the mass lands in the rural areas surrounding the cities, more and more houses have been removed in the cities and rural areas. This has been reaching the climax, Meanwhile, the administrative cases relating to the house demolition has been increased, the aim of the "Regulations for Management of Urban House Demolition" which has been promulgated in June,2001 by the State Council is to further regulate the management for the house demolition, and solve the prominent problems related to the difficulties for the house demolitions. However, after 5 years' practices, these problems have not been solved but become more and more difficult than ever before. The amendment of the constitution in 2004 and the enaction of the property law which have strengthened the protection to the rights of the citizens have given us the good opportunities for inspecting and solving the problems existing in the house demolitions. In this essay, the author analyzed the administrative relations on the house demolitions from the perspective of the administrative law and the relationship between the public interests and private interests, and highlight the administrative law relationship on the house demolitions, and further more clarify the function and role in the house demolitions of the government who represents the public interests in order to give the basis for clarifying the administrative law relationship on house demolitions further .This essay is composed of 4 chapters, first of all from the principle concept and characteristics of the administrative law relationship, the author initially analyzed the administrative law relationship on house demolitions and determined the scope of the administrative law relationship on house demolitions.In the administrative law relationship, because of existence of public interests and private interests, the balance between the government on behalf of public interests and the person on behalf of private interests is not favorable, and the government over interfere the house demolition by using administrative power, which is the main reason that the contradictions in the house demolition appear and the administrative law relationship is not clear. So in the second chapter, the author will analyze the status quo about the governmental interference to house demolitions and its reasons, which will provide the theoretical premise for determining the functions and roles of the government in the discussion blow. There are two different characters of demolitions: the demolition for public interests and the demolition for private interests, in these two demolitions, the government has different functions and plays different roles, so the compare to these two administrative law relationships on demolitions will benefit to the determination of the rights and duties of the government and its relative people.At last, for the issues mentioned above, the author pointed out that the functions and roles of the government in demolitions is not clear which should be attributed to the unfavorable balance between public interests and private interests, hence in the end of the essay, the author will bring forward how to determine the functions of the government and its positions in house demolitions, which will provide an idea for clarifying the administrative law relationship on house demolitions.
Keywords/Search Tags:House Demolition, Administrative Law Relationship, Public Interests, The Functions of the Government
PDF Full Text Request
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