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The Research On A Conflict Of Interest And It's Digestion Of The Temolition Of Urban Housing Legal System

Posted on:2009-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:C W ZhangFull Text:PDF
GTID:2166360245957502Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Interests as the driving force for promoting social progress,economic development, It plays an enormous impact and even decisive role in the socio-economic development and the law progress.The economy and the legal as superstructure play a dynamic role.In the socialist market economy,we must recognize that the pursuit of the interests is of the citizens'fundamental right,in order to protect civil rights and interests realization,it is necessary to standardize the way the law to pursue the interests of the people the right to autonomy,but also in law On the timely balance the resulting conflicts of interest.All along,the issue of social housing demolition of the hot issues and thorny problems plagued the government,many scholars have put forth a lot of depth views and opinions,but the demolition of the existing problems have not been properly resolved, what is the reasons for Is this just a problem of unreasonable compensation standards? Urban housing demolition of the problem is emerging,this paper think that their main reason for this is urban housing demolition in the interests of relations between the interests of the principal is not good balance and coordination.Therefore,from a legislative study on urban housing demolition in the interests of balance is a subject worthy of study.In this paper,the demolition of urban housing in the interests of the main broadly divided into three categories,namely,the main power,quasi-public power entities and private rights the main,different in the main city in the demolition of housing, representing different interests.Between the interests of all the main cities in the demolition of housing in diverse and complex legal relations,public power between the main unit and the demolition of the Law on Administrative Licensing Law;demolition and the demolition of the people(including the use of housing)exists between the civil contract Legal relations;transfer units and the demolition company,notarization agencies, financial institutions,housing and real estate valuation assessment agencies Association (real estate experts to assess the Committee),commissioned by the intermediaries between civil law relations.Urban housing demolition in the multiple conflicts of interest, in accordance with the classification,including the conflict between public interests, public interests and private interests of the conflict between private interests and the conflict between private interests.Urban housing demolition of a conflict of interest arising in the above-mentioned reasons,including both the legislative purpose and value orientation of the deviation,but also legal entities and unscientific requirements on the legislative process design flaws.In order to balance urban housing demolition of a conflict of interest,should be the legislative purpose and value,entities of legal norms and procedures for planning and more comprehensive perspective of the legislative process to improve the existing laws, including the retrial specific social development concept,legislative amendments to the value orientation;perfect Substantive law on the unscientific;establish and improve the legislative hearing process in the legislative process in the integrated interests of all parties to achieve the interests of coordination and balance.
Keywords/Search Tags:Urban house-removing, Conflict of interest, Digestion
PDF Full Text Request
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