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Property Law. "nail House" Phenomenon

Posted on:2012-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:H J NiuFull Text:PDF
GTID:2206330338491611Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the social problems caused by the interest conflicts between one sidemanages the house relocation work and those called "nail households". in housing demolition and relocation is increasing. The conflicts are getting more and more intense. Those who refuse to relocate are called "nail households". The phenomenon of "nail households" reflect the public interest and the personal interest conflict and the view of the society to protect the civil rights . The different appraisal to the phenomenon also reflect the change of our core values. At the same time, the problems of "nail households" reflects the problem of housing demolition and relocation legal system.I analyzes "nail households" phenomenon from the Real Rights laws angle. At present many people mainly study an individual case. I think it maybe more helpful to solve the problem to study the "nail households" phenomenon as a whole."Nail Households" exist in many places. They tend to resolve problems through non-legal means in recent years. In fact, this issue has already existed for many years.Time in change, people's appraisal has also had the change.How do we appraise the behavior of "nail households" on the basis of the Real Right Law?Their related real right will vanish in housing demolition and relocation because of the government using administration's collection. According to the Real Right Law stipulation, they should obtain the compensation. However, the preceding "Housing Demolition and Relocation Management Regulation" give their rights very good protection that caused many problems.We need pay great attention to protect populace's right in the construction of present's legal regime. At the same time,Populace's right protection also has the boundary.This boundary is the public interests In the situation of house relocation based on public interest, if the government passes through the legitimate procedure and the full compensation, the populace should not refuse to relocate.f they reject, they will be forced relocated in legal precautionary measure. But this measure should be used discretely and legitimately to prevents the harm to the rights of populace as before. judge the interests "nail households" Chased, We need to clarify which rights they enjoy by law. In this paper, we analyze from three aspects: Entity right, Procedural right and the right to obtain the social security in the peculiar circumstance. After the contrast, we discovered that the rights most "nail households" advocated is right.The conclusion of this paper is that we should pay more attention to the protection of civil rights if we want to solve "nail households" problem. My suggestions is that we can do something to change, such as the full compensation, fair procedures, the social security system, strict application of coercive measures and so on.
Keywords/Search Tags:"Nail Households", Housing Demolition and Relocation, Scheme Real, Right Law Right Entitlement
PDF Full Text Request
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