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Research On Private Right Protection Of House Expropriation

Posted on:2021-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:B LiuFull Text:PDF
GTID:2416330611991227Subject:Law
Abstract/Summary:PDF Full Text Request
In recent decades,with the continuous transformation and construction of cities,the speed of urbanization in our country has been rising at a high speed every year.This not only provides a strong support for the development of the country,but also changes the production and living standards of the people.However,a series of problems have also arisen in the process of urbanization.Due to the continuous expansion of land use,a series of work such as old city transformation and new district development are required.Among them,the process of housing expropriation is the most likely to cause contradictions and conflicts,especially in recent decades,the conflicts surrounding housing and land expropriation have intensified.Should housing be expropriated? How to solve such contradictions scientifically and reasonably has become the focus of attention of the state and society.Both the Constitution,which has the highest effect in our country,or the Property Law,which aims at protecting private rights,regards the protection of private rights as its primary principle.In our country,houses are the people's largest private property,and the expropriation of houses is the people's largest property.With the promulgation of the Regulations on the Expropriation and Compensation of Houses on State-owned Land,it has been implemented for 9 years so far,which has played a certain role in solving the contradictions in the expropriation process.However,the contradictions in the collection are still intensifying,and in practice,there are still obvious deficiencies in the protection of private rights.Therefore,at this stage,there is an urgent need to analyze the problems existing in the protection of private rights in house expropriation and seek corresponding legal measures,aimed at more comprehensively protecting the private rights of the expropriated persons.This article refers to the relevant laws and policies on the protection of private rights in the current house expropriation,and combined with the current practice of expropriation,it is divided into four parts to discuss the protection of private rights in house expropriation.The first part,first of all,introduces the legal connotation and legal attributes of house expropriation,summarizes the current relevant legal regulations on house expropriation,so as to have a deeper understanding of the connotation,attributes and relevant legal regulations of house expropriation.Secondly,to summarize the current theories on the protection of private rights,and provide a theoretical basis for the protection of private rights in the collection.Finally,discuss the types of private rights protection from two directions.In the second part,this part analyzes and researches the current situation and existing problems of the protection of private rights in China's housing expropriation,so as to draw up some problems that are currently left in the protection of private rights in China.The third part is about the legal provisions and reference of the protection of private rights of property acquisition outside the territory,through the research and comparison of the relevant legal provisions on the collection of private rights protection of houses in some countries and regions outside the territory.Thereby,some useful experiences can be drawn to provide an effective reference for the protection of private rights in the country.The fourth part,this part undertakes the second part,analyzes and studies the main problems existing in the protection of private rights in the second part of the house,so as to put forward several legal countermeasures and suggestions scientifically,aiming to further strengthen the protection of private rights,Alleviate the contradictions in the current collection,so as to effectively promote the harmonious development of society.
Keywords/Search Tags:House expropriation, Privacy protection, Extraterritorial reference, Legal issues and countermeasures
PDF Full Text Request
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