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Analysis On Consultation Mechanism Of Urban Housing Demolition

Posted on:2012-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z L ZuoFull Text:PDF
GTID:2216330368979706Subject:Law
Abstract/Summary:PDF Full Text Request
Urban housing demolition is not only the most popular social focus recent years but also the number one letter visits problem that puzzles local governments. On one hand, local governments energetically promote reconstruction of the old city town and exploitation of real estate, which results in that the behaviors of urban housing demolition have largely occurred and constant increased with the rapid development of modernization in our country. On the other hand, urban housing demolition contradiction is still difficult to stop although State-owned land on the housing levy and Compensation Ordinance eventually comes into the open through tow years, especially, the frequently happening of brutal demolition, violent demolition, etc in the time of urban housing demolition management regulations. The conflict demolition of upgrading to sanguinary incident that makes us shocking has a strong impact on social and political stability and runs in the opposite direction with the goal of building a harmonious socialist. So structuring consultation mechanism of urban housing demolition as well as settling conflict of interest in housing demolition fair and reasonably have became the urgent affairs in system of urban housing demolition in our country. This article summarizes the current situation features, housing levy and housing demolition in urban housing demolition of our country, analyzes the existing urban housing demolition problem as well as cause and provides a mechanism assumption of establishment of urban housing demolition consultation mechanism. This article is divided into five chapters:Chapter One: the basic theory of urban housing demolition. Through the discrimination on the concept of urban housing demolition, the writer defines the urban house demolition, that is to say urban house demolition is a legal act made by demolition people after obtaining demolition permits, which demolishes houses, buildings and appurtenance within the scope of construction land and compensates residents and units according to urban construction planning requirements land documents approved by government. Then this chapter analyzes the legal characteristics and kinds of urban housing demolition, points out that urban housing demolition has the intercrossing features of administrative order as well as civil consultations and puts forward that the urban housing demolition in our country should follow the principles of legal implementation, democratic decision-making, public results, just compensation, demolition after move and so on. At the end this chapter divides urban housing demolition into several kinds especially distinguishes the different natures between commercial and commonweal urban housing demolition. Then this chapter emphasizes legal procedures to guarantee the legitimate interest of the dismantled.Chapter Two:urban housing demolition and property levy system. Comparing property collection with housing demolition to find their differences and connections, try to bring urban housing demolition into property levy system. Mainly comparing fiscal levy systems between France, Germany and America, find the overall characters of expropriation of property around the world such as for the purpose of public interest, complying with the statutory procedures for the levying of charges and giving compensation for expropriation. Then summarizing the property acquisition system of our country based on property collection legislation, point out the disadvantage result from ignoring the difference between public welfare and commercial demolition during the past urban housing demolition time. Finally, I provide helpful reference for practice of urban house demolition based on the public welfare definition and legislation around the world.Chapter Three: analysis on necessity of urban housing demolition consultation mechanism. This chapter points out that the urbanization in our country has made housing demolition existing for a long time according to the status of urban housing demolition, which has enters a period of rapid growth. Connecting with the reality, analyzing the problem and root of the current system of urban housing demolition, point out that there is bias in the pursuit of the current legal value of urban housing demolition as well as the local governments gain an unfair advantage from GDP and finance, etc. The benefit game has reached a decisive stage between local government, developers and the dismantled. The problems such as letter visits problem coming from urban housing demolition, infringing legitimate interest of the dismantled and excessive-priced housing have puzzled the local government very much. Establishing urban housing demolition consultation mechanisms is an urgent need to resolve the urban housing demolition conflicts effectively.Chapter Four:feasibility analysis on the establishment of urban housing demolition consultation mechanisms. From the game theory of rule by law, analyze the feasibility in the establishment of urban house demolition consultation mechanism in our country by utilizing hawk-dove game model. Taking the old town reconstruction in Zeguo town, Wenling city, Zhejiang province and the sunshine demolition in Chongqing city as example, analyze the successful experience of urban housing demolition consultation mechanism in reality to provide theoretical and practical basis for the establishment of mechanism.Chapter Five: the establishment of urban housing demolition consultation mechanism. This chapter is the focus of the full article. I provide the urban housing demolition consultation mechanism through five aspects. First, we should distinguish commercial and public welfare urban housing demolition. The former is applicable to civil law and should be resolved by free and equal negotiation. The latter should be introduced into consultation mechanism to guarantee the discourse power of the dismantled. Second, we should reinforce the democratic consultation before urban housing levy. Pay attention to expression of public opinion before urban housing levy. Carry out hearing system of before demolition by drawing lessons from"simulating the demolition"in Pujiang county, Zhejiang province, etc. Make sure of the democracy of house demolition policy and the publicity of message. After all that we can try to neutralize demolition contradiction in bud in maximum. Three, establish fair and reasonable demolition compensation mechanism. We should clear that the objective of demolition compensation consultation must be based on fairness and the local government should treat all the dismantled equally to guarantee their right of free consultation. Four, robust the relief program of housing demolition. In order to guarantee the legitimate interest of the dismantled by a complete law program the government should reinforce the judicial review of housing levy, complete the housing levy administrative mediation as well as reconciliation system and robust the judicial relief program. Five, strengthen legislation of housing levy and the guarantee of judiciary. Formulate integrate law of housing levy and promote the reformation of judiciary of housing levy, then it is able to guarantee the legal promotion of housing levy in our country through the two aspects of legislation and justice.
Keywords/Search Tags:Housing Demolition, Property Collection, Public Welfare, Game of Law, Consultation Mechanism
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