A Study On The Legal Problems Of Demolition Compensation In The Reconstruction Of Villages In Taiyuan City

Taiyuan as the capital city of Shanxi Province,is the province's city image spokesperson.Municipal government to change the people of the people on the Taiyuan deep-rooted-dirty impression,remove the annual gray days,black hat,improve the city's competitiveness,Taiyuan City will be built in the Midwest strong city,in recent years to mobilize all available forces committed to The Transformation of Shanxi 's Economy and the Transformation of Villages in Cities.City in the village of large,wide,the number of residents,the existence of the village has become the city and economic development around,however,can not escape,the more the "Hom",the village transformation,is imperative.2015 is called the city of Taiyuan city at the start year of transformation.Taiyuan municipal party committee,municipal government actively response to the provincial,municipal economic development policies and plans,to speed up the pace for urban village reconstruction,such as Qinxian,Wucheng,Nantun,Beizhang,and so on more than one hundred villages.Such a wide range of demolition,make all kinds of problems and contradictions prominence,the "nail households","petitioners","self-injury,Anti-France " which are "large" in the housing demolition,they infringing on lawful rights and interests of the parties,also in the intensified the contradiction between the interests of all sides.The municipal party committee municipal government have done a lot of work which in order to better solve the housing demolition of the "world first" since ancient times,prompting the city government behavior in the demolition specifications,and can be more comprehensive care to the legitimate interests of the parties.November2016-February 2017,the author familiar with the relevant laws and regulations of China,on the Beizhang,Wucheng,Qinxian,Yinjiapu and Nantun villages were visited and conducted a questionnaire survey.Eachvillage issued 60 questionnaires,a total of 300,to recover 263 copies.The paper is based on the research on the use of induction,interpretation and other methods of proof written.The text has five parts: the introduction part of this article writing background and research significance,in the current national development under the background of urbanization,which leads to the attitude of Taiyuan city village renovation and transformation reason;The first part of Taiyuan city village renovation of the housing demolition compensation this paper expounds the relevant theory,based on which the analysis in Taiyuan city to use the eminent domain instead of requisition,to afford compensation instead of compensate for damage,At the same time in the compensation according to the paper summarizes the laws and regulations,which leads to the legislative situation of our country.In the second part uses the method of field visits and questionnaires to make investigation and analysis about the present situation of practice of Taiyuan city village renovation of housing units compensation practices;In the third part points out the lack of legislation and the problems existing in the practice operation in the city of Taiyuan compensation;The fourth part puts forward the methods to solve deficiencies and problems;Conclusion part summarizes the full text.