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Urban Housing Demolition In The Role Of Executive Power

Posted on:2009-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360245958304Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
"Demolition" as a word of description of large-scale appearance, the first in the 1980s, with the country's reform and opening up, urban development and modernization process of emerging. For the demolition of social development has played a great role in promoting, promoting urban construction is the most momentum and intensity of the way, but it is precisely because of its enormous power, the overall improvement in the same time, the partial damage can not be ignored And because of practices, procedures and the specific operation in the process of loss, demolition of social contradictions is the frequency of the zone. Frequent in this area, various relationships are intertwined, the main collision between the interests of each other often, have all kinds of contradictions, which triggered the largest area of conflict is the right to participate in the administrative field. As the executive power in the entire demolition process of the role played by too many natural easily lead role in the wrong, then the conflicts will follow. Therefore, called for the demolition of the right to withdraw from the voice prevalent and increasingly fierce. So whether the executive power should withdraw from the demolition, it seems to be is not an emotional decision alone, but to take full account of executive power in the demolition of the role played by its need to determine their role in "life or death." This paper by the executive power in urban housing demolition role in the process of analysis, in contrast to Ran and ran it under different scenarios performance, to identify the role of the wrong reasons, in a targeted manner its role of the correction , By a government housing demolition in the city in the course of the function and role.This paper is divided into the introduction, body and conclusion in three parts.On the introduction of the executive power in urban housing demolition in the process of correcting the role of theoretical and practical significance.The text is divided into five parts of the executive power in urban housing in the role of the analysis.The first part, in relation to urban housing demolition of their own characteristics and the purpose of demolition, the main abstract around the state this special land in China under the system as the representative of the demonstration in the city the right to exist in the course of the demolition of the necessity and legitimacy, For the demolition of the executive power in the operation to find the original basis of legitimacy.The second part, from the constitutional point of view and the provisions of existing laws and regulations, on executive power in urban housing demolition should be in the various roles: the approval of the demolition permit, demolition of the controversial ruling, the illegal demolition of the administrative punishment, Demolition of the obligations of enforcement, as well as other actors in the legal context for its contingent features.The third part, from the current urban housing demolition of the actual operation of the executive authorities in the course of precipitation in the entire demolition process of the actual role of: demolition of the "leading" role, the role and interests of conspiracy for the interests of the Tenants role, its occurrence Dislocation of the role of exposition.Part IV, ran through the above should be the role and dislocation on the role of the executive power in the process of demolition in the role of the cause of dislocation, which can be found in the dislocation of the right to various factors, including the subjective reasons, System reasons and other reasons, provided the breakthrough point for correction.Part V, the combination of the above reasons and on the role of different levels, at the point of reference and made available for the implementation of the value of the correction means of promoting the right to reasonable and lawful operation of its management and in the realization of social services should be Some positive performance.Conclusion of the authors of this paper is the subject of the views and concluded.
Keywords/Search Tags:House demolition, The executive power, Statutory role, Role of dislocation, Correction role
PDF Full Text Request
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