Study On The Protection Of Demolished Persons' Rights In The Demolition Of Collective Land

In recent years, the city has increased the tension of land, the demolition began activitiesmainly focus has all of the land transfer to the city of state-owned land of rural collective.How to protect the housing demolition on collective land rights has gradually become thefocus of attention. In2011January the State Council promulgated the 《state-owned land onthe housing levy and Compensation Ordinance》, provides the normative basis for the cityhousing units, to solve the contradictions and problems in city housing demolition. Accordingto the provisions of the Ordinance, the "first after the demolition" principle, to the demolitionof housing expropriation of rural collective land on practice, practice is the most ruralcollective land to recover the state-owned, the houses on the state-owned land on the housingfor compensation in accordance with the "first sign after the demolition,""first replenishmentremoved" and "collective land ownership", has been transformed into the state, the relevantprovisions of the housing units can also be applicable to the state-owned land housing units.However, the regulation does not cover non collection by the rural collective land housingunits, in this case, due to the nature of collective land ownership has not changed, theOrdinance does not of course application. Therefore, no clear legal basis of house demolitionon collective land in the current problems, were relocated farmers rights protection also is in avacuum state. How to establish the collective land protection mechanism in housingdemolition rights, is undoubtedly an important issue. It is based on this consideration, theauthor of this thesis writing, attempts from the legislation, law enforcement and judicialprotection three aspects, discusses the collective land housing units were constructed therights protection mechanism. In addition to the introduction, is divided into three parts, themain contents are as follows:The first part of the "collective land housing residents who are right and"aggrieved,analysis of the rural collective land housing units by removing people’s rights and theinfringement of the rights of the performance, through a series of specific cases illustrate thehousing demolition on collective land in the process be taken against the phenomenonuniversal rights and severity in our real life.The second part "institution" collective land rights in housing demolition protection is insufficient, discusses the causes to be inadequate protection of the rights of farmers fromthree aspects of legislation, law enforcement, judicial. The article thinks, the imperfectlegislation is the basic reason for the collective land housing demolition tort phenomenonexisted in the process, but not the only reason, law enforcement mechanism is not perfect, thejudicial relief of many obstacles, but also is an important factor leading to removal of theinfringement of rights.The third part "of housing demolition on collective land is perfect" the rights protectionmechanism, starting from the basic requirements of the law, the collective land housing beingconstructed removal mechanisms for the protection of the rights of the proposed system. Thispaper believes that, to protect the rural housing demolition and human rights, we mustestablish and perfect the demolition of houses by various mechanisms of residents rightsprotection, law, all aspects of the demolition process justice of law enforcement, judicial reliefin a timely manner. Therefore, we must improve the house demolition on collective landlegislation, standardize the removal of law enforcement, establish timely, effective to justiceas the core of the right relief mechanism. Only the legislative, law enforcement, judicialcooperation, to make a variety of legal mechanisms play an integral role in good, thedemolition...