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House Demolition Resettlement Compensation Contract Disputes Research Reports

Posted on:2014-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:L LongFull Text:PDF
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With the continuous development of market economy and the Chinese legal system, the lawsuits of the house demolition in China are increasingly diverse, and also develop a wide variety of action type. From the original government instituted administrative proceedings extends to the field of civil, with their legal relations also from the contradictions of the government and the demolition party expands to the contradictions of the government, the demolition party and the people to be taken; the contractions of the demolition party and by the demolition party develop new legal relations. These new legal relations involved in many types, including:(1) that the demolition people do not fulfill the relocation agreements, appealed to the court for demolition’s continuous performance or be liable for breach of contract.(2) that the party is forced to sign the relocation agreement, asking the court to confirm its legal effect invalid.(3) that the resettlement compensation costs in the relocation agreement, a manner consistent with the laws, administrative regulations or local government regulatory documents are inconsistent, or normative documents of the local government are inconsistent with the laws and administrative regulations, a redefinition of the way of resettlement compensation.(4) that the demolition range includes rural collective land, payment of compensation for ground attachments and land requisition compensation costs; asked to confirm the demolition agreement is null and void, resettlement; illegal forced evictions require to be compensated in accordance with the tort.(5) that the demolition of housing value assessment involved in the demolition lead to objections, asked to be reassessed.(6) that the demolition agreement resettlement sites are not clear, asking the court referee to be placed. From the perspective of the main proceedings, this kind of cases is very rare. The main features in these cases are as follows:(1) the complex legal relations involved. In the current legal system, the same acts of demolition may involve the relation between administrative laws and civil legal relations, may also involve litigation legal relations.(2) the parties in the case are special with sensitivity in seme extent. House demolition resettlement compensation contract dispute defendants are generally government departments, the plaintiff often regard themselves as vulnerable groups, compared with the government department, the defendant which is a strong group, tend to focus social concern.(3) the subject in the case is special, intense conflicts involved. In such cases the subject matter of litigation often maintains a big difference between the resettlement of housing and compensation. Once a dispute, it often makes irreconcilable contradictions.(4) the situations of withdrawal are normal, judgment appeals a rise trend. Because the case involves more complicated interests, the court dealing with such cases special cautious, general mobilization of all forces in conciliation, mediation or withdrawal of such cases closed. But thanks to the way housing prices soared in recent years, increasing emphasis on the masses of scarce land resources. There are many difficulties in the form of mediation work, the number of judgements are increasing by the year. The cases of house demolition resettlement compensation contract dispute discussed in this paper are defined to the part of the new legal relations. I want to explore current defects in this field and try to find a reasonable and practical ways by introducing a new type of cases and conducting analysis in-depth.
Keywords/Search Tags:House demolition resettlement compensation contract, Placed population, The people to be taken, Cause of civil lawsuit
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