Theory Of Public Interests And Private Property Rights Protection On State-owned And Houses

This article obtains from the demolitions arising in the course of practice，Lead towide attention in the urban house dismantlement of infringement of citizens’ privateproperty.Through combing analysis of both at home and abroad that the conflict isinevitable, only for the purpose of public interests and private property rights givereasonable compensation conditions can be deprived. Then from our country theconstitutionality of the urban housing demolition and compensation ordinance analysiswhy demolitions occur repeatedly in real life, through the analysis of the highlights of thenew rules, point out that lawmakers on a given such citizens private property protection.Delighted at the same time, I also feel regret, because a person’s property rights is notimproved by the promulgation of the new regulations, through sorting new regulationsimplementation situation in the past two years, trying to find out the deep reason ofinfringement of citizens’ private property rights in the house acquisition, and on this basisput forward some suggestions on perfecting the private property rights protection.Article of the first part will be sent to you by enumerating frequent homedemolitions derivation this paper want to explore in house acquisition of citizen’s privateproperty rights is to infringe, points out that the citizens in the front of strong publicpower backed by forced demolition appears powerless; Then introduce the private aboutthe related theory of property rights, and points out that the private property rights belongto the basic human rights,and it is an important part of citizens’ basic rights.The second part introduces related legal system of public interests.Through theconstitution,"property law","urban real estate administration law of development,private property rights protection was further established. On the specific application oflaw, points out the "urban housing demolition management regulations" is the misguidedregulations make contradiction intensified, public or private.Only the abolish of and be replaced by the law to protect private property for the purpose to get the support of thepeople. Then the new state-owned land on the housing levy and compensation ordinanceto highlights, but the new tax regulations issued does not mean that the problem of houseacquisition has win. On the contrary, this is just a start, through the new regulations, theimplementation of the status, analyses the reason of demolitions don’t drop but increase.The third part introduce the basic theory of private property limited, for the purposeof public interests can limit private property right. But because of the uncertainty of theinterest connotation epitaxial, need to establish an ideal model defines the main body offavours and program control of the leading mode. Public interests cannot beyond thelimits of necessity, must follow the principle of proportion, when based on the publicinterest when it is necessary to make reasonable compensation for private housing.The fourth part, through the above several parts of the phenomenon and theoryanalysis, due to historical inertia, mode, ruling mental, land finance, man-landrelationship are intertwined, the citizen’s private property rights in the current work in thehouse acquisition is not desired protection effect. Combined with the mastery of theoryand reality, the writer points out that the existing legal system on the basis of furtherperfecting the protection of private property rights. Including the establishment of publicwelfare levy is one of the most important legal reservation principle and proportionprinciple,levying behavior of the government have to balance the relationship betweenthe public interest and the private property rights; For the executive main body ofgovernment, must transform government functions, strengthen the consciousness ofserving the people. At the same time to strengthen the role of court in public interests,ensure the independent position in compulsory ruling, in the judicial relief way to protectthe private property rights. Due to public is a main body, should be enhanced in theprocess of collection to participate in, to give the public a clear expression of thelegitimate interests of the opportunity.Innovation of this article is through analysis of the existing legal system and theimplementation of the law, advice from the height of the legal definition of fuzzy publicinterest connotation and denotation, will truly established as a fundamental right toprivate property. Concern for the social contradictions were analyzed at the same time,can’t just rely on modification, cancellation and enacted regulations to solve, to combineconcrete execution, targeted to solve root causes, not just a department or a "good law" made a hasty conclusion. By various departments, various interest groups of fullparticipation positively, we can truly achieve the purpose the protection of privateproperty rights.