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Study Of Urban House Demolition Compensation And Legal Issues

Posted on:2006-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y SunFull Text:PDF
GTID:2206360155459144Subject:Law
Abstract/Summary:PDF Full Text Request
The unravel of city premises at one hand pulls down old building and represents the developing direction. On the other hand, if not dealing properly it will influence resident's confidences. In the year 2002 the fact of resident's deposit exceeding 8 thousand billion illustrates there are great potentials in resident's buying ability .So regulating the unravel of city premises properly not only could ensure social stability but also could ensure the fulfillment of our party's economic goal.In June 2001, the State Council passed the new "Regulation on the administration of unravel of city premises "which had come into effect in November of that year and many local governments also renewded their bylaws according to the new Regulation. The new Regulation has different rules in aspects of compensation body, compensation way, compensation method and compensation standard of compensational legal relationship of the unravel of the city premises. Compared with the old Regulation, the new Regulation is an advanced one ,and in the realistic compensation work there are still many legal problems because our Socialistic market economy and legal system construction are still not mature enough and the new Regulation itself has some defects in the legal basis of unravel of city premises, the scope of compensation and criterion of compensation. This paper researches a series of the basic legal issues.It consists of six parts.IntroductionIn this part the author illustrates research background,research meaning ,research aim and research scope based on the analysis of legal cause of the social conflict arisen from unravel of city premises.1.The theoretic basis and legal basis of unravel of city premisesAs a destruction manner of the prative propty,unravel of city premises must have proper theoretic basis and legal basis .This partanalyzes the theoretic basis and legal basis of unravel of city premises for public interesting and no public interesting after revealing that unravel of city premises is the objective reqirement of the city construction and develepment.Based on the substantial difference between unravel of city premises for public interesting and for no public interesting they should be differentiated.2.The compensation scope and criterion of city premises in china.This part begins with differentiation between the administrative compensation and damage compensation.lt focuses on compensation scope and compensation criterion of city premises determined by the theoretic basis and principles of compensation for unravel of city premises.And it introduces the theoritic basis and principles.3.The procedure of unravel of city premises and compensation for it.This part begins with summarizing of the major procedure concerned with unravel of city premises and compensation for it.lt focuses on the administrative procedures and judicial procedures concerned with unravel of city premises and compensation for it.4.The suggestion for legislation of unravel of city premises and compensation for it.First,this part summarizes five special manifestation of law institution regarding unravel of city premises and compensation for it.Second,it analyses social,legal,economic causes of it.At the end,the author makes some suggestions for establishment of law institutions of unravel of city premises and compensation for it.Conclusion.The last part summarizes the whole paper and prospects a good future.
Keywords/Search Tags:Compensation
PDF Full Text Request
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