Urban Housing Levy In Civil Law Issues

In the current, with rapid economic development and the advance ofurbanization, urban housing levy became inevitable. We are doing our efforts tomake the new look Urban Rural, meanwhile the levy of urban housing accompaniedby lots of problems. And the frequent demolitions event and self-immolationincidents highlight the seriousness of the problem. In the process of expropriation,the legitimate interests of the people are infringed by several factors: the ambiguousposition of the side that is levied, non-channel to resort, low participation, and thevoice of the overwhelming lack of concern. Furthermore, the dislocation of thegovernment’s position is also a problem. The government is not only the cityhousing levy levied or compensation, based on the starting point of the pursuit ofperformance requirements and reduction in fiscal expenditures; it is very difficult forthe Government to really stand to be levied by the position to consider theimposition of the problem. Coupled with the "public interest" is defined not clear,commercial demolition playing for the nominal of "public interest". It makes theabuse of "the public interest". The unreasonable compensation system, such as thestandard is too low, too narrow. The things should be taken into account but notconsider. Compensation can not be given in a timely manner. The person has notbeen properly resettled, and can not guarantee the quality of life before the housingbe imposed to be levied. These are made the legitimate interests of the people tosuffered serious infringement.This thesis is focused in three areas: first, an overview of the housing levy in thelegal system, including the basic theory of the housing levy. Definition ofexpropriation by the legal profession, it is the civil conduct, administrative action, orboth coincide behavior, Leads to the author’s compared tendency point of view, thecivil point of view, and thus more analysis of urban housing levy. Then make a briefintroduction of the legal changes in the housing levy between twenty years,especially the progress and deficiencies of the new regulations. Second, the violationof the private law rights in the expropriation, both the property rights and personalrights discussed, and resolving related civil legal relationship in the housing levyprocess. Third, based on my own understanding, propose a proposal about protectionof people’s legitimate rights in housing levy. Combined with the be levied experience, I am very clearly remembered that inthe process, as the person to be levied, have a lot of issues with unclearunderstanding, so by this paper, I hope to combing the levy behavior, to give moreimposed a clear understanding. To the basis of the good understanding, they are ableto safeguard their legitimate rights and interests with more rational and moreappropriate manner. With the experience of being levied, I write this paper with therespect for human beings. Taking the perspective of civil law, I strive to do my bestto analyze our country’s housing levy and compensation system, so as to make acontribution to the legitimate rights of the people levied.