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Research On Some Problems Of Administrative Protection Of Property Law

Posted on:2012-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:H F LiuFull Text:PDF
GTID:2216330362953444Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Property is a relationship between the most basic rights of ordinary people. The level of protection of property rights is a national human rights protection, social democratic, rule of law the basic reaction conditions of civilization. The protection of property rights law is diverse and comprehensive. Administrative Protection of papers from the perspective of property rights, the application document indexing, normative analysis, historical analysis, comparative study, theory with practice and other methods, different protection systems through international comparative analysis of administrative law for the protection of property rights the objective existence of the problem, put forward proposals to further improve protection. To benefit the practice of property rights protection.Firstly, the Administrative Protection of property rights through the general theoretical explanations, "Property Law" and the Right Bank of the multiple and complex power relations between the display and analysis, that the executive power or the executive has been infiltrated by a specific administrative act of the establishment of property rights , alteration, transfer and elimination of the entire process. Property rights protection and administrative law are inseparable. Property rights protection and implementation of administrative power is one thing both sides. The executive performance of their duties, that is, the process of protection of property rights; prevent or fight against the violation from the executive authorities and illegal interference, but also standardize administrative practices, to prevent violations of property rights in the process of the executive.Papers on different social systems and different legal systems property of the state system, land acquisition system, the introduction of corporate finance and analysis system, analysis of the value of their underlying basic system. Introduced to face similar problems abroad, to adopt a system of measures to improve the relevant system in China provides a theoretical reference.After the two-part paper focuses on the protection of property rights in the outstanding administrative issues, such as the absence of state protection of property of the main problems facing the forest land tenure reform contracting the balance of public interests and individual conflicts of interest; land expropriation and house demolition compensation the public interest of social burden of individual choice and balance of contradictions; administrative registration system for operability and convergence of security, and even improve the smooth financing channels for enterprises, etc., in upholding the social system with Chinese characteristics, legal systems, to fully absorb the useful experience of foreign , adhere to critical systems and practices from abroad advanced, targeted measures and put forward comprehensive proposals. The nature of the article that the perfect positioning of state property to protect state property, to prevent significant loss of state property; changes in the current economic and social development period, to resolve the land housing the collection at the crux of the problem is to improve the compensation system in respect of the market economic law and the parties wish to do a fair compensation; improve the administrative registration system, a unified real estate registration legislation and uniform registration system for movable parallel complete system for perfect security system, reversing the significant bottlenecks in corporate finance. Paper on the practical problems by thinking and make sound recommendations to standardize the administrative organs of the specific administrative act to protect the right holder.
Keywords/Search Tags:property law, administrative protection, land requisition and demolishing, guarantee system
PDF Full Text Request
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