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Research Of Force Implement System Of House Acquisition On The State-owned Land

Posted on:2015-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:X BuFull Text:PDF
GTID:2296330467467796Subject:Constitution and Administrative Law
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With the increasingly faster development of urbanization in China, it has become anincreasingly urgent issue for the enforcement of the Expropriation of Buildings onState-owned Land. Although a series of reforms in laws and regulations have been made, theresult is still far from the expectations, the cause of violence is still a common situation. Theenforcement compulsion mode has plenty problems, i.e., the nonuniformity of executiveagents, the obscurity of responsibility provision, the imperfection of relevant safeguard civilrights. All these lead to the loss of confidence of citizens on governments and relevantadministrative rights. Besides, due to the lack of independence of our courts and the lack ofjudicial resources, the subject of execution on the Expropriation of buildings would haveinfluence on the execution of compulsory enforcement of the expropriation of buildings,whereas putting pressure on the responsibility of judicial authority, and having negativeimpact on the exercise of judicial rights.Based on the reasons above and the research on relevant systems, the author did areconstruction of the current enforcement compulsion mode, raised a mode that separate theDecision and Implementation, and did some implementation on judicial review beforeexecution,relocation system and responsibilities in execution procedure and the safeguardcivil rights of the enforced people, ensuing the realization of Administrative purposes and theprotection of the enforced,preventing the abuse of Administrative power,rebuilding theconfidence on Administrative rights, reliving the workload of court and establishing thejudicial authority of the court.In This thesis, the author first discussed the legal basis of compulsory enforcement of theExpropriation of Buildings, relevant laws and basic principles of mode establishment, thenfinishing the provisions of existing laws and regulations on the compulsory enforcement ofthe Expropriation of Buildings. Afterwards, the author discussed the problems existed incurrent mode in chapter two. In the third chapter, relevant systems in foreign county arediscussed, concluded and analyzed according to their Similarities and differences. And lastlyin the final chapter, a conclusion of the questions in chapter two is given by establishing amode that separate Decision and Implementation, and implementing relevant areas of thismode on this basis.
Keywords/Search Tags:on the Expropriation of Buildings on State-owned Land, Compulsoryenforcement, The dilemma in the institution, Institution l improvement
PDF Full Text Request
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