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Housing Units Civil Rights Protection Research

Posted on:2015-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:S Y MaFull Text:PDF
GTID:2266330425996343Subject:Public administration
Abstract/Summary:PDF Full Text Request
With the rapid expansion of urban planning and cities across the country continue to adjustthe size, urban redevelopment, business development, government and other majorconstruction projects coming up, the transformation of the construction of Expropriation tideraging, resulting in many rural urban residents who became expropriated land,which meansthe expropriation object. Expropriation process means vaguely defined public interest, lackof due process, the amount of compensation is not fair,and their issues can’t be silvedtimely.All of them causing many landless who were given land expropriation can not acceptunreasonable conditions. For a time,"nail households" are rising. In the previous era, mostpeople can not afford such a heavy burden.However, the concept of householders hasapparently been injected in a new meaning now. It seems to have become a traditional honorguard against strong forces. Chongqing Holdout is the most powerful proof. Obviously, theirpresence means a great progress today.They can protect the legal authority with theirlife,which can promote the progress of the society.House is the most important property topeople,and it is the " Constitution " in the confirmation of lawful private property."Constitution " Article13clearly states: protecting citizens’ lawful private property isinviolable. Landless persons under the premise of no reasonable compensation conditions,refused to move is reasonable, is protected by the Constitution, no person shall just forcedresidents to relocate. Private property is the cornerstone of human rights and it is also thedriving force of social civilization and progress, which also ismake up of the backbone of themarket economy. Therefore, we need to define its system design to perfect for constitutionalprotection of private property rights of citizens.For example,defineing the meaning of thepublic interest, due process and fair compensation system design,This paper is divided into five parts.The first part is an introduction. It mainly introduce the reasons and significance of thepaper; introduces the topic of domestic and foreign research status and trends on thesubject.What’s more,it also include the research programs of this article, specific researchobjectives, and some innovative points and research methods.The second part is to write the basic theory of house demolition and governmentresponsibility. It clarify what is the government’s responsibility and the government’sresponsibility to protect the property interests of individual citizens.Otherwise, this part alsointroduce the relevant theoretical analysis of why the Government of governmentresponsibility to protect individual citizens to fulfill property interests, explaining thenecessity and possibility of government obligations laid a theoretical foundation for thegovernment the responsibility to protect.The third part of the write status of house demolition in the interests of protecting citizensand problems. Although the functions of government in the demolition process has been to protect the interests of citizens of personal property.But with the increasing relocationschedule, facing new interest contradiction and realistic proposed new tests andrequirements. Government should protect individual citizens against the interests of the statusquo legal property. There are mainly five areas: project phase the problems; signed anagreement to stage the problems; compensation stage the problems; problems in thedemolition process; placement stage presence problems. The above five aspects of theproblem, look for one of the reasons: First, lack of legal protection of the interests of citizens;Second vague definition of the concept of public interest; Third, the government as anomission or incorrect; Fourth judicial embarrassment; five is the lack of comprehensiveprotection mechanisms.The fourth part is the experience of other countries,which can learn from this behavior inthe public interest to protect. Such as the U.S., Japan, Korea and so on. Overseas experiencedrawn inspiration: the government should protect the right to exercise the functions.The fifth part write measures to protect the interests of the individual citizen ’s legitimateproperty and Government to strengthen the process of house demolition measures. Facing thisproblems of House demolition process, in order to protect the legitimate interests of thecitizens of the greatest efforts, the government should take appropriate measures as soon aspossible. especifically the following three aspects: One is to speed up the legislative process,to determine a fair, just, open and legislative law concept, a clear specification of theprotective measures against the demolition of the interests of citizens; second, set a correctview of achievements and reasonable definition public interest to improve hearing system, amore scientific and standardized positioning determined government to regulate governmentbehavior; the third is to improve access to justice, the petition assistance, administrativerelief mechanism, the maximum to avoid or resolve such disputes.The innovation of this paper is:in order to provide new perspectives and ideas first forthe government to protect the legitimate property of citizens and to protect the properperformance of the functions of government; and improve inadequate local government inthis regard to perform correctly.Only in this way the personal property of citizens can belawfully received timely, reasonable and maximum protection.
Keywords/Search Tags:local government, house demolition, public interests, interests of citizensand the protection of property
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