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Study On The Legal Problems Of City House Demolition

Posted on:2016-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:N YangFull Text:PDF
GTID:2296330461490433Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With China’s rapid economic development, in order to adapt to the needs of times development, promote the city in the process, a large number of city house demolition has become a true portrayal of today’s society.Many of the old city reconstruction project carried out like a raging fire, Behind the stands of tall buildings, wide roads, convenient public facilities had a fierce conflict, and even bloodshed, so we can’t help think of today is convenient with the demolition of housing land in exchange for a while. In the enjoyment of the urbanization brought us a comfortable life, we should think of the relocation household are reasonable protection. City housing demolition is a kind of social phenomenon unique to China, involves the vital interests of the public, the property rights and personal rights and other issues, but in reality the mandatory minimum power instead of law, infringes upon a citizen’s frequent. Due to the unclear definition of public interest,compensation is not reasonable, illegal procedure and execution is not standard, intensifies the relocation household with the remover contradictions, as violence. Based on the state-owned land on the housing levy and compensation ordinance and the relevant legal norms, to our country related legal problems of the urban housing demolition is analyzed,based on the reference of foreign related system, on the premise of the comparative analysis put forward some of his own point of view, In order to be helpful to protect the legitimate rights and interests of the demolition.This paper is divided into five chapters. The first chapter mainly discusses the background and significance of this study, and analyzes the present situation of the research in foreign countries, then summarize the research idea of this paper. The second chapter is an overview of city house demolition system. The definition of city house demolition, the characteristics of this chapter, and the nature of the city housing units are analyzed. At the same time, reviews the evolution of city house demolition system, to further deepen the understanding of the system of house demolition. The third chapter analyzes the main legal problems in city housing demolition. Through the analysis of the definition of public interest, compensation mechanism, the demolition process, the reliefway problem, help us to reflect on the situation. The fourth chapter is the related systems in foreign countries and its enlightenment. Through the study of the related systems in foreign countries, draw lessons from its experience, providing a powerful guarantee for the improvement of the system of our country. The fifth chapter puts forward the suggestion to perfect our country city housing demolition system. Hope that by improving the relevant legal system to solve the most difficult issues of social and livelihood in real society, and effectively protect the legitimate interests of the residents, to achieve fairness and justice,promote the process of the rule of law, building a harmonious society.
Keywords/Search Tags:Public interest, Due process, Demolition compensation, Remedy mechanism
PDF Full Text Request
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