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Research About Cause And Resolve Of Conflict On Land Acquisition And Demolition Under The Sociology Of Law

Posted on:2016-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ZhaoFull Text:PDF
GTID:2296330467498012Subject:Law
Abstract/Summary:PDF Full Text Request
There are two basic areas of activity in which the law, namely to make laws andapplicable laws. How to properly apply the law to promote the goal of governance bylaw is the law society swan up the sovereign people and the desired goal. However, inthe areas of demolitions and land requisition, the legal regulation is far fromharmonious play its expected role. On the contrary, a lot of conflict and confrontation,frequently occur in this area. Domestic about this study, mostly use law andmanagement theory perspective, which also has conflicting and inconsistent views.Few studies use sociology of law as theoretical perspective. Because of thelimitations in terms of theoretical perspectives, the study was not make deep analysisabout land acquisition and demolition. Advice on this issue also raised stays on thesurface. I believe that the study of land acquisition, demolition and social conflictsshould use more theoretical perspective as a starting point, with a view to a morecomprehensive and thorough analysis of these issues and put forward reasonableproposals. This study, lies in the perspective of sociology of law, use of empiricalanalysis method, through the typical demolitions and land acquisition case analysis,trying to find out the reasons leading to the status quo under the phenomenon ofviolence and the Chinese legal community in this process Contact between thestructures and put forward reasonable proposals to resolve this conflict. Article isdivided into four parts:Case selection is the key to the success of the article. In this section explains themain reason for the case selection. By reason for case selection instructions to helpreaders have a whole selection of typical cases grasp and understanding. Meanwhile,the article also selected case for a simple sort, including illustrates the case occurred,the process of development and the final result-oriented. Lay the foundation for lateranalysis and argumentation. On the basis of case studies and sociology of law on themethodology applied, and previous studies using somewhat different point of view,that instead start from the level of the social structure. Gives the following four leadto conflicts of social factors: First, with the purpose to guide the development andimplementation of rational laws. Secondly, the "living law" under the domination of the traditional value system of bondage. Again, full penetration and control of statepower. Finally, hierarchical forms of organization shackles. In order to make thedemolition and land acquisition return to law and reason, we first thing to do is to putaside the old problem-solving ideas, instead starting from the current legal culture andsocial structure what leads to conflict. First, the need to establish a mechanism todiscuss. Secondly, the role of government needs to be redefined, and guide thetraditional value system changes. Again, make use of state power to return to reason,and we will continue to build civil society. Finally, to break the shackles ofbureaucracy, build a reasonable decision-making and implementation of the system,and then insist on judicial neutrality to strong judicial credibility.Finally, restate the author’s views and outlook on the future development: weshould stand on the point of view of society, breaking the inherent limitations of thetheory and thinking, from a broader perspective begin to analyze things happen, andto explore the reasons for the development of way to solve the problem. Thus, landacquisition, demolition process of conflict, will be resolved.
Keywords/Search Tags:Land acquisition and Demolition, Sociology of law, Social structure, Legalculture
PDF Full Text Request
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