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Researches In The Rights And Interests Protection Of People In City House Demolition

Posted on:2010-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:C Z ChenFull Text:PDF
GTID:2166360302461996Subject:Law
Abstract/Summary:PDF Full Text Request
Since house assignment became monetization in 1998, a comprehensive real estate market-oriented operation has ushered a new period of vigorous development. Along with our country's economic development and rapid urbanization, urban construction and development speed up with each passing day. The real estate industry has developed into one of the pillar industries of our country. It means a lot to people's livelihood, which is far beyond the purely economic aspects and crucial to the economic structure, social security and political stability.The size of house demolition which is the basic premise of the city construction, alteration and extension has been expending. While the urban living conditions and environment has been greatly improved, the problems against the legitimate rights and interests of people caused by demolition have become increasingly prominent. Resulting in a series of social problems, this problem has hindered the process of urbanization and the development of a socialist harmonious society. One of the real and very important missions in process of our country's socialist harmonious society construction is how to protect the legitimate rights and interests of people in demolition and deal with the conflicts.This article led to the focus of dispute on protecting the rights and interests of people in urban housing demolition by analyzing the Beijing "Jiuxianqiao" Case of the repair of dangerous buildings. There is a lot worthy of attention for Beijing "Jiuxianqiao" repair program in building a socialist harmonious society, opposed to the demolition by violence. This paper first pointed out the main benefits in the process of house demolition from analyzing the concept, content, development and significance of city house demolition.Through the analysis of the interests conflict among the people who bring demolition into effect, who suffer demolition and government, this paper concluded that the main problem between the people who bring demolition into effect and those who suffer demolition is on compensation for demolition. The conflict between the people who suffer demolition and government is the former's right cannot be protected by the government effectively, or even be aggrieved by the government directly, so that the private right becomes a victim of the public.Then it analyzed the problems as followings exist in the process of urban house demolition in our country. The city residents had a lack of participation before demolition. The Government's credibility is missing, and black-box operations are serious. There are defects in means of relief in the process of decision, reconsideration, and litigation. The way of compensation is simple, narrow, and on low standards. Lack of interests and rights protection in the demolition process invades the rights such as rights of property, rights of land-use, rights of equal trading, the right to know. And some other problems like that.This paper concluded what our country should learn from the developed countries through the analysis of the system of city house demolition in Japan, the United States, Canada, Germany, France and other developed countries. Finally mainly from the three aspects of the process, entity, means of relief, the author suggested the government should perfect the legal texts, define the behavior of house demolition correctly, standardize government behavior, improve evaluation and compensation system, and set up government-subsidized housing system to strengthen the protection of the interests of the demolition to reduce the conflict in order to promote the socio-economic healthful development and build a socialist harmonious society.
Keywords/Search Tags:town house demolition, the rights and interests of the demolished, the rights and interests protection
PDF Full Text Request
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