The Legal Thinking About The Right Protection Of Households To Be Resettled On State-owned Land

Since2003, land acquisition and demolition is a hot issue in Chinese society ingeneral, because it does affect the interests of the tens of thousands of ordinary people.Their constitutional and legal rights in the process of reform and development are noteffectively protected, it may produce unexpected contradictions and even tragedy.Reform was in order to improve the people living conditions, but also so that at leastsome people get rich first ", but if the interests of reform and cost allocation is toouneven, the Government can not provide an effective solution to the conflict ofinterest and maintain social justice mechanism will inevitably lead to the people loseconfidence in the legitimate line of reform, and even despair about his own future.With the implementation of state-owned land, housing levy and CompensationOrdinance ", and further lead to the thinking of the community for the demolition ofhuman rights protection: how to allocate the rights and obligations between thegovernment, developers and evicted? Existing law the possibility of substantial helpto solve the demolition controversy? To ensure evicted just compensation?Developers and demolition of a neighbor’s household affected the safety or interestsof the "nail house", such as permanent residence occupancy or property to be theft bythe thief, who should be held responsible for? How to guarantee the rights andobligations of the different aspects of the demolition process was implemented?Therefore, in order to ease the contradiction between the land acquisition andresettlement main parties to resolve disputes arising from, we should proceed from themore comprehensive and in-depth level to study the issue. The core issue of landacquisition is the "public interest" and "fair compensation", while procedural justice isthe fundamental guarantee for achieving these goals. And some rule of law, dueprocess is not is not a technical concept with a fixed connotation, it is time, place andoccasion. Due process is variable, and to demand the procedural protections that meetthe specific situation. Therefore, to determine whether the administrative proceduresprovided in this fully legitimate, it is necessary to analyze the main body of theaffected parties, and generally need to consider three different factors: First,government action to influence private interests; existing procedural errors deprived the risk of interest and potential value; government interests, including the functionsinvolved as well as land acquisition and relocation will result in financial andadministrative burden.In addition to the introduction and conclusion are divided into four parts:From the analysis of state-owned land in the first part of the demolition of themain parties involved in human rights protection point of view, local governments,developers, demolition and media objective description, and analyzes their role inland acquisition and resettlement, to clarify mutual relations and in-depth analysis ofthe respective interests of the root.Second part of the demolition of the main issues of human rights protectionsub-state-owned land, such as laws and regulations are not perfect, unfaircompensation, forced evictions design is unreasonable and relief is not smooth. Thefinal analysis of the causes of the demolition of the protection of the rights issues inthe following aspects: legislative defects, dislocation of the functions of thegovernment, citizen participation is missing and judicial relief out of control.The third section summarizes the general theory of elaborate administrative levyfurther proposed to be removed and relocated on state land rights legislation thatprotects the value of reconstruction, and on this basis. The concept of administrativecollection is the starting point of the system of land acquisition and resettlement is thestarting point for the analysis of demolition human rights protection system. I first theconcept and characteristics of the land acquisition and resettlement, early recovery ofthe general theory of system, and land acquisition are outlined. Second, it analyzes thebasic principles of administrative collection, provides a theoretical basis for theimprovement of the principles of the later system. Again, demonstrates thestate-owned land, the demolition of the right to protect this specific issue, theproposed legislation the value of reconstruction. Think we should adhere to thepriority taking into account the principle of efficiency in the market under theauspices of the fair, and dynamic to grasp the nature of the interests of the landacquisition, and improve the interests of the measurement mechanisms in order totruly achieve the protection of the rights of the demolition.The fourth part describes the state-owned land, the demolition of human rightsprotection system to improve. From the positioning of legislative guiding ideology,discusses the power must be earnestly respect and power must be reasonablyrestricted point of view, then the legislation should follow the legal principle ofbalance, due process principles and civic participation principles were demonstrated. Finally, a specific system improvement recommendations to improve land legislationin accordance with the law, correct and efficient law enforcement and the timely andeffective judicial relief is the key elements of the relevant specific legal system. Play avaluable role in order to enhance the legal protection of the rights of state-owned land,the demolition.