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Study On The Right’s Protection Of The People Being Demolished And Relocated During Urban House Demolition

Posted on:2014-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y LingFull Text:PDF
GTID:2296330422989945Subject:Law
Abstract/Summary:PDF Full Text Request
Our country is developing very quickly,the pace of urbanization become more andmore faster,construction land resources are increasingly scarce.Because of thechanges in social patterns, adjust the pattern of interests, China is now already in thenew period of development, urban housing demolition disputes arising from differentsubjects has become the focus of controversy. In recent years,the disputes of urbanhousing demolition become more and more seriously,especially some malignantevents happened. With the wake of civil rights awareness,people begin to think aboutthe legitimacy of the system of house demolition.Today, China is in a critical periodof development of various undertakings, how to solve the problems caused by urbanhousing demolition, how to improve the process of China’s urban housing demolitionon the lack of application of the law, how to truly safeguard the legitimate rights ofhomeowners do not subject to greater abuse, how to mediate between the laws andregulations applicable to the inconsistencies are very into the need for morediscussion and study.In this paper, urban housing demolition must protect people’s legitimate rights and interests ofprivate property and personal rights as a precondition,first to discuss the protection of civil rights,then analyze the phenomenon of the demolition in violation of the rights, and point out the currentproblems in housing demolition.Firstly, China’s urban housing levy with the demolition ofthe lack of legislation, it lack of uniform applicability in practice; Secondly,procedures involved in the demolition of the right of pre-deficiency leads to thedemolition process is not open and transparent; Thirdly, national civil rights excessiveinterference resulting in a large number of violations occurred interests of citizensevents; Fourth, after the implementation of the relevant laws in the implementationdifficulties encountered there can not deal with. After the analysis of current problemsand reasons, drawing on foreign experience of urban housing demolition system and China’s urban housing demolition system revelation,this paper gives four suggestions. In terms oflegislation,it should build and improve legislation and the formulation of urbanhousing demolition method, perfect compensation system and other legislativeproposals; About demolition procedures,administrative procedural requirementsrecommended by the internal system to regulate the behavior of the government toensure a fair and reasonable behave, and to strengthen supervisory jurisdiction overthe demolition of the decision of the administrative authority, the judicial protectionof the rights of the affected people as the ultimate way for relief;In terms of judicialreview, proposed to improve the judicial review system, the establishment of publicwelfare censorship norms of judicial review in the public interest and thereasonableness standard of review demolition compensation;In the rightrelief,"judicial demolitions" have to establish appropriate systems to cooperate in theimplementation of the program,it should be demolished in order to protect thefundamental interests of the people as a precondition, while strengthening theimplementation and execution of the relevant laws and regulations in order toeffectively protect the legitimate rights and interests of the demolition. Throughdiscussion, the demolition of urban housing levy and legislative developments in thedirection of the current situation and provide policy recommendations. Hope ourcountry to develop a more comprehensive legal development process to solve themost difficult social problems, truly achieve the social fairness and justice.
Keywords/Search Tags:housing levy, demolition, fair compensation, public interest
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