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Study On The Enforcement Of Urban Housing Demolition In China

Posted on:2018-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2346330536980704Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Demolition is a country's rapid development,urbanization in the process of irreversible social activities.China for the old city,the demolition of the old house with the urbanization movement continues to advance and quickly start.In recent years,all kinds of contradictions still exist in the demolition activities,the implementation of non-standard unreasonable phenomenon will still occur,seriously affected the social harmony,increased social instability,forced demolition issues also aroused widespread concern And deep reflection.In 2011,the State Council promulgated the Regulations on the Collection and Compensation of Housing on State-owned Land(hereinafter referred to as the "Collection and Compensation Regulations"),and reformed the system of forced demolition of urban houses,which made the court play a role in the enforcement of the demolition Important role,will be forced to demolish the right of adjudication and execution to the court,reflects the supervision and control of administrative power,so that China's demolition system has taken a big step forward,won the praise of all sectors of society.However,due to the "levy and compensation regulations," the provisions of the more vague and general and the actual work in the demolition of the non-standard operation,making the contradictions arising from the demolition did not completely solve.This paper starts from the basic theory of urban housing demolition non-litigation enforcement,from the perspective of administrative law,the urban housing demolition non-v.Enforcement of the contents of the implementation of one by one,analysis of China 's urban housing demolition non-v.Enforcement in the system and practice On the existing problems and loopholes,and for its lack of further research,put forward to improve China's urban housing demolition non-enforcement enforcement recommendations to explore the way to solve the problem and path.This article mainly discusses the following aspects:The first part is the basic theory of house demolition and non-litigation enforcement.The contents,the background and the principle and value of the enforcement of the house demolition are discussed in order to explain and analyze the demolition TheThe second part is pointed out that the current urban housing demolition of non-litigation enforcement of the existing problems,including institutional defects,such as the legislative provisions are not perfect,the implementation process is not perfect and the implementation of the main responsibilities are not clear,there are court review Loopholes,such as the lack of review methods,the lack of review of the work of the compensation and the lack of supervision of the court supervision and so on.The third part is the perfect proposal put forward to solve the problem of compulsory enforcement of demolition and non commission.It puts forward perfect measures from thesystem level and practice level,perfects the legal provisions of compulsory enforcement of demolition,completes the procedure of execution and the procedure of court review.The situation of demolition and non-enforcement enforcement can be improved.
Keywords/Search Tags:Urban housing, Demolition, Non enforcement action enforcement
PDF Full Text Request
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