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On The Legal Countermeasures To Solve The Dilemma Of Urban Housing Demolition

Posted on:2017-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:H X ChenFull Text:PDF
GTID:2206330488492065Subject:Law
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Urbanization is not only the important symbol of human society modernization, also is the important trend of modern civilized society. With the steady and rapid development of national economy, urbanization in our country to realize the development by leaps and bounds. Urban housing demolition is an important approach to the development of urban construction, greatly improving the citizens’ living conditions, the urban environment has been improved, some of the old town and was taken on a new look, this is worthy of high praise of the urban construction measures, but in recent years, some parts of the urban house dismantlement has gradually evolved into a violent demolitions, one constantly in the press, a series of tragic events painful lessons of blood reflects China’s current urban housing demolition system still exist many problems and hidden dangers. Deciphering the urban housing demolition compensation, contradiction to lessen the both sides of the demolition, legal civilization units, not only is this article writing goal, also is the present important problem to be solved in the process of urban development. In this paper, the main points of six parts, except the introduction and conclusion, the main body includes four parts.The introduction part, the first in a series of demolition and tragic killings as a starting point, the government and the interested party for house dismantlement cause intense contradiction between, violent demolition phenomenon has become the focus of the society. And then briefly introduces the background of this topic and research present situation, as the starting point of this study.In the first part, combing the current urban housing demolition compensation, on the basis of law. reveals the urban housing demolition compensation system in the legislative flaws:for the state-owned land on the housing levy and compensation ordinance regulating object of understanding does not reach the designated position; The lack of specific compensation urban-house removing compensation standards, compensation scope is too narrow, lack of land, to expect earnings to compensation, compensation mode is not flexible; Awareness of the concept of "public interest" academic opinions vary, it is not clear the specific connotation; Real estate price evaluation system is not perfect in our country, the serious violation to be demolished the rights of the people get a fair and reasonable compensation is unfairly.The second part, from the angle of guarantee the parties concerned litigation relief rights, this paper discusses the failure by the parties concerned relief program:first, when the parties concerned choose administrative reconsideration ways to defend their own rights and interests, government agencies usually do not change their initial decision, the administrative reconsideration is difficult to obtain actual effect. Second, when the parties concerned choose to bring administrative prosecution to court, the court of justice and judicial independence was the government’s improper intervention, the judgment results tend to be detrimental to be demolished. Third, according to the state-owned land on the housing levy and compensation ordinance article 14, when the housing demolition compensation dispute occurs, the rights of the parties concerned relief way only administrative reconsideration and administrative litigation, the lack of civil litigation relief means, using the position clearly inequality, the protection of the right relief is not more likely to get a fair. To this, the author suggested:remedy procedure of civil litigation is preferred; Set up a simple and easy procedure, improve the efficiency of the demolition and litigation; To perfect the legal aid system, intensify legal assistance.The third part, from the perspective of stakeholders to participate in, this paper discusses the urban housing demolition compensation in the process of the present situation of the interested party to participate in the program and deficiencies:first, the interested persons to participate in the illusory, influence; Second, interested persons outside the system to participate in, the more frequent extreme events; Third, the early stage of the interested parties to participate in, late to participate in more. On this basis, analyzes the urban housing demolition compensation in the process of the influence factors of lack of stakeholders to participate in the program:first, in our current laws and regulations of urban house demolition and relocation of interested party not involved in the protection of the rights, lack of interested parties to participate in the legal system safeguard; Second, the security administration, the justice department is clearly bias in favor of local government, verdicts against the parties concerned, is to be demolished people lack access to justice of judicial relief; Third, the negotiation mechanism is not sound, the introduction of negotiation mechanism, not only can effectively restrict the public power, and can guarantee the parties concerned participation, make its legitimate rights and interests protection.The fourth part, from the perspective of government function, found in the process of urban house dismantlement, as a result of the government’s role confusion arose and the government not only developers community of interests, and the role dislocation in property rights protection, fairness of questionable. In order to solve the chaos phenomenon, the author boldly to the transformation of government function and puts forward some own ideas. First of all. in the process of urban housing demolition, the government should play the role of managers and supervisors. The government should use its public power, to ensure that the approval process fair and open, build fair and the demolition of the environment, while stepping up efforts in supervising the demolition of market order, through administrative means, demolition of the enterprise behavior specification. Second, the government should be stakeholders participate in catalysts. Government promote stakeholder participation is not only the need of the public to protect their rights, is also an important goal of building service-oriented government. Again, in the interests of the urban housing demolition involves many relationship between them is more complex, at this point, the government should play the role of the regulation of conflicts of interest, properly handle the contradiction between public interests and personal interests, achieve win-win effect of public interests and personal interests. Finally, the government or the protector of the vulnerable group, and the government should fully protect the legitimate interests of the parties concerned, help them justice in the rights and interests is damaged.Conclusion, reiterated a focus in the study of this paper, points out the deficiencies of the article.
Keywords/Search Tags:Urban housing demolition, Litigation relief program, Interested parties to participate in the program, Transformation of government function
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