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Study On The Property Right's Protection Of The People Being Demolished And Relocated During Urban House Demolition

Posted on:2011-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:G L WangFull Text:PDF
GTID:2166360308964516Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, as the city expanding, the expansion of the scale of urbanization, urban housing demolition is inevitable. And the conflict is becoming more intensable, house demolition has become a strong reaction into a social problem. Urban Housing Demolition's essence is to recover the state-owned land's using rights, the interests of the re-adjustment and allocation. It involves the interests of many parties, directly related to the demolition of people's personal interests and the economic interests of developers.In the context of a market economy, the conflict of interest is unavoidable, the key to resolute conflict is not to eliminate conflict, but to use the reasonable means and mechanisms to set the "safety valve" device. Study on the demolition of property rights protection in general is still relatively fragmented, it's lack of systematic and comprehensive and in-depth theoretical study.Firstly, the basic theory of urban housing demolition elaborates. Clearly defined the concept of Urban Housing Demolition based on legal characteristics, behavior and the nature of the theoretical foundation of urban house demolition analysis, clear the urban house demolition in the demolition of the property and its protection. To make the basis of further analysis .This article based on Urban Housing Demolition phenomena existing in reality, summed up problems exist in Chinese cities, including: government abuse of the administrative civil rights; relocation compensation is unreasonable, unplace; demolition is often nowhere to turn; public relocation and business relocation ill-defined; brutal demolition common. Complex and diverse reality of the problem, it need to find identified path.Using the theory of interest conflict to analyze the problems and contradictions in urban house demolition .Pointing out that the problem lies in the conflict of interest, and in-depth analyze the reason of conflict in urban housing demolition, it causes by the reasons of the legal system and the reasons of relocation management, there are shortcomings in the implementation of the demolition, there are shortcomings of the system.Based on the above analysis, I believe that the demolition of property rights protection needs a wide range of force, in some of the major legislative measures, the system works and the right relieves in terms of urban house demolition. To make concrete proposals is impotent to protect the rights of property.
Keywords/Search Tags:Urban housing demolition, Households of demolished house, Protection of property rights
PDF Full Text Request
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