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Government Intervention In The Problem Of Urban Housing Demolition Ethical Reflection

Posted on:2011-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2206360305998380Subject:MPA
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Urban housing demolition is the social phenomenon which is shown in the speed-up development of our economics and urbanization. The resulted conflict is also escalating and become an important social problem. Because of China's system, government usually plays the role of planning and dominating, especially in the housing demolition, administrative power controls and influences the whole process. There hides huge profit space in demolition, which sometimes make the "Morale Project" in its nature become into "Fazing Project" that some local officials using to seek for profit and forcing to execute or "Political performance Project" that being used to get promotion. The resulted conflict shows the more and more serious trend and has become into the reported and focused object which has risen to the highlight influencing the social order and stability.Since 2003, central government has paid close attention to urban housing demolition. On September 19th 2003, State Council General Office issued Emergency Notice on conscientiously doing a good job of urban housing demolition and maintaining social stability Wen jiabao particularly emphasized in the Second Session of the 10th National People's Congress:"Pay attention to solve the problems existed in urban housing demolition and rural land acquisition, Reasonably make sure demolition scale, normalize examination and approval procedures, perfect compensation and resettlement policy, strengthen supervision and inspection". On June 6th 2004, for the following phenomenon such as local government blindly expanding demolition scale, demolition resettlement compensation not be implemented, abusing administration power in illegal forced evictions, State Council General Office again issued Notice on controlling the scale of the urban housing demolition and strict management of demolition. However, the resulted huge inertia of local governments at all levels for various profits made the central government's "Emergency Brake" on the policy and text level still lonely.On March 16th 2007, Fifth Session of the 10th National People's Congress voted and passed Property Law of the People's Republic of China (shorted for Property Law below), which has been executed from October 1st 2007. Urban Housing demolition Administration Ordinance issued in 2001 had been stopped executing because of its some difference with Property Law. So there is a situation without law on the urban housing collection and demolition work. In order to solve this problem, some related people of State Council, according to Legislation Law, authorized State Council to firstly make administration regulation on collecting state owned land units' and persons'housing and demolition compensation. Up to now, State Council's new demolition ordinance is still in studying. Could Property Law change the "Game Rule" of urban housing demolition? What kind of changes it could bring?Urban housing demolition is a complex social problem, not only revolving with law problem, political problem, but also revolving with social problem, economic problem, and culture problem. Because of different aims,methods,watching, perspectives and profit standpoints, different judgements will be given. In the text, the author tries to conclude the problem of government involving city demolition into Adminnistrative Ethics' studying vision and watch, analysis, explain the behaviors of different profit parties in housing demolition, so as to provide ethical judgement and support for normailzing government demolition behavior and maintaining related parties legitimate profit.
Keywords/Search Tags:Property Law, Urban demolition, Ethics
PDF Full Text Request
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