Study On The Protection Of The Rights And Interests Of The Removees In Land Expropriation And Demolition

In the process of urbanization construction,due to land expropriation and demolition,the protection of the rights and interests of the expropriated is weak,showing a complex social dispute,which has become the focus of social attention,the hindrance of social harmony and stability,and the pain point of the life of the expropriated groups.The reason lies in the unbalanced protection of the rights and interests between the government and the expropriated in the process of expropriation,and the rights and interests of the expropriated are not protected properly.How to respect and safeguard the rights and interests of the subjects in the legal relationship of expropriation and relocation and realize the balance of power and rights is the key to resolve the conflicts and disputes between rights and interests,as well as the touchstone to test whether the local government has the sincerity to implement the construction of a government ruled by law in an all-round way.Local governments and requisition departments determine the administrative guiding ideology of compensation for land requisition and demolition by formulating abstract administrative acts of normative documents,and guide specific administrative acts such as land requisition,compensation,demolition and resettlement.This relatively closed administrative process is difficult to guarantee the protection of the rights and interests of the expropriated.This article is divided into four chapters to discuss the defects in the implementation of the system of protection of rights and interests of requisition and relocation.In the first chapter,the author analyses the concept and connotation of the system of protecting the rights and interests of the expropriated,and pays more attention to the rights and interests of the expropriated and improves the legal status of the expropriated through the reform of administrative legislation.Emphasis is laid on the types and legal attributes of the rights and interests of the expropriated and the pros and cons of the rights and interests protection system are objectively analyzed,which provides support for the following discussion.Chapter 2 summarizes the rules and characteristics of the administrative methods and methods of the municipal and county governments and the requisition and relocation departments.This paper analyses that in the abstract administrative action link,the basic rights of the expropriated are neglected,such as the right to know,the right to participate and the right to hear;in the specific administrative execution link,the rights to confirm,defend and choose of the expropriated are neglected;and in the important housing evaluation compensation link,the property compensationinterests of the expropriated are not given enough attention and protection.According to the current situation of requisition and relocation,the causes of contradictions and disputes are analyzed.Chapter three,using the theory of function,function and value of law,explores the cognitive dislocation in the selection of the function of law between the legal subjects of expropriation and relocation,and expounds the proper state of the legal subjects in the whole process of expropriation and relocation according to the legal theories of constitution,administrative law,civil and commercial law and economic law.Chapter IV puts forward the system conception of resolving the conflict of rights and interests,analyses how to perfect the legislative system,perfect the government's legal behavior to protect the rights and interests of the expropriated,and rationally use the functions of government functional departments to resolve the disputes of expropriation and relocation,while innovating the judicial bottom line protection function to achieve effective resolution of disputes.Finally,in the conclusion of the paper,it expounds the motivation and attitude of writing this article,reviews,summarizes and prospects the views it holds.