Housing Levy In The Protection Of Collection Of Private Property Rights And Interests Of Legal Research

Housing to private property is to protect human rights, the cornerstone of the implementation of constitutional, but it is also to promote economic prosperity indispensable tool. Therefore, the protection of urban housing on the private property rights of great significance. City housing levy for speeding up urban construction and economic development has an important role in promoting this is a benefit to the people "project to benefit the people." But in our urban housing practice on the course of operation, "public interest" concept is not very clear, and many commercial demolition of the demolition of public abuse, and many called the demolition of land consolidation is essentially commercial demolition; housing law on the procedure, the mandatory levied on the acts of violence occur frequently; and can not be imposed on a fair and reasonable compensation, many of the people charged with a compensation of residence but can not afford to buy housing lots, only to the urban fringe relocation of the former way of life forced to change. Relocation to the adults work, bring their children to school a lot of inconvenience to be imposed on the quality of life decline. These can not but arouse our reflection, this paper from the city housing levy is charged in the property rights and interests of the victims start with the status quo, by the reasons behind this situation analysis, the theory of law, determine who is charged for the protection of private property the rights and interests of the three aspects, namely, the public interest is the purpose of due process guarantees and reasonable compensation levy.This paper consists of five parts:The first part of the paper is imposed on people in the private property rights and interests of the status quo damage. The first part of the problem, discusses the power to be imposed on people's private property rights and interests of China and against the common house demolition of three models, and then was put on the private property rights of people against the performance of the three, namely the abuse "public interest" under the name of, and procedures unlawful, unfair compensation, and analyse the causes. The paper is part of an innovation, the former academic model of the demolition of housing is divided into two, I think that is divided into three, land consolidation will be the name of the demolition as a third model.The second part of is imposed on people in the protection of private property rights from the legal analysis. That part of the process, from the protection of private property rights and interests of objectivity, public interest purpose of theory, measurement theory and the interests of people on the principle of giving priority interests of four in-depth analysis, solution to the issue below provides the theoretical support.Third, fourth, fifth part of this three-part can be a solution was considered to be part of the problem. Concerning the first part of the performance of the three were to be addressed: "the public interest" to follow due process and reasonable compensation levy. This is part of several innovations in areas such as housing on the choice of which model to define the public interest in the housing levy increase in the administrative hearing process procedures. The author of the existing knowledge structure on the basis of a comparative study using, case analysis, a number of awareness.