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Research Into The Legal Issues Of "Autonomy-demolition Of Villager’s House"

Posted on:2017-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:C LvFull Text:PDF
GTID:2296330485954405Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
“Autonomy-demolition of villager’s house” is a demolition way by villagers’ self-governance and democratic decision-making, summarized by the local government in the process of land requisition, for the purpose to resolve the contradiction of demolition.The village collective organization plays the main role in guiding the villagers to participate in the formulation and implementation of the compensation policy, obtaining the recognition of the villagers and educing the demolition resistance. Because of not only promoting urban development, but also protecting the interests of the farmers,“autonomy-demolition of villager’s house”is rapidly expanded.This paper is mainly divided into four parts. First, in view of the social phenomenon,the paper expounds its concept and characteristics, analyses its necessity of the existence,summarizes all over the specific practices, stresses the generality of the social phenomenon,having important research value. At the same time, it differs from the land requisition led by the government between the "degeneration" time of land,the main player of implementation, the order of demolition and compensation, and the way of right relief.Since a social phenomenon exists generally, and has been proved to have a strong vitality, according to the ideas of corresponding to the regulation and benefiting to the people, it is necessary to study its rationality and legitimacy. The paper expounds the rationality in the aspects of the saving use of collective land, protecting the villagers autonomous management, resolving conflicts of collective land requisition, realizing the villagers’ long-term interests. And the paper clarifies the basis of the current law, by sorting out the relevant provisions of the law. “Autonomy-demolition of villager’s house” in essence is recovering the homestead-use right and removing the houses on the land. The paper expounds recovering the homestead-use right is the rescission of homestead-use contract, and clears the village-collective-organizations and villagers can relieve the homestead-use contract to recover the land-use right, by differing “administrative license theory” from “compulsory contracting theory”. The paper analyses legitimacy and rationality by discussing the possible right-conflict and misunderstanding in the aspects of the relationship between protection and the legitimate property of citizens, the villagers autonomous authority, and the villagers living right.Due to the “autonomy-demolition of villager’s house” is work experience summarized by the governments based on their own characteristics and the practical work, lacking unified legal norms, having many problems. The paper expounds the problems, such as demolition prerequisite is unclear, recover body is unknown, distribution of compensationis unfair, relocation program is illegal, relief-means is poor, especially emphasizes the many problem in the judicial relief.Finally, according to the problems in the practice, the paper proposes corresponding suggestions, such as regulating the demolition process, expand the right relief, protecting the villagers’ right to know, to participate, to decide, in order to reduce the resistance of land demolition from the source and change the dilemma in right relief, hoping to rule the behaves of villager autonomy organization in recovering the land-use light and removing the houses on the land, ensuring all acts are legal and fair.
Keywords/Search Tags:villagers’ self-governance, homestead-use right, rural collective economic organization, land acquisition and relocation, resettlement and compensation
PDF Full Text Request
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