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Our Country State-renting-house Ownership Dispute Research

Author: WuDi
Tutor: WeiShengLi
School: Nanchang University
Course: Civil and Commercial Law
Keywords: state-rent-private-city-house ownership The system construction
CLC: D922.181
Type: Master's thesis
Year: 2010
Downloads: 40
Quote: 0
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Abstract


The ownership of the state-rent-private-city-house with long-term ignored by base in our country, but this does not represent this problem with no importance. Along with the development of our society, legal thoughts with the idea of progress, people gradually realized the importance of private property protection for social and economic. But for the state-rent-private-city-house-homeowners ownership of illegal violations but continues to this day. Because the supreme law to judicial interpretation in the form of ownership dispute by renting out the judicial relief outside, the state-rent-private-city-houseowners lost not only physical justice, even the basic way of maintaining rights seek justice for all has been lost. Caused by rent now only take homeowners’ rights appeal petitions means, such as edge extreme events occur occasionally. The houseowners has become the social unrest hidden trouble, the rent house-owner can become a affect social stability group. We draw at advanced western legal system at the same time, should notice research with Chinese characteristics of localization legal issues, make laws better for our country’s social and economic development, therefore, to study the service rent problems, it is of great theoretical and realistic significance. This article from the historical changes of the rent, reflect China’s private property protection system, put forward at present, according to different situation to properly solve the rent ownership disputes assumption. The article divides four parts:The first chapter:via phenomenon.at history origin and evolution. This section will introduce the rent of the causes and ownership of change, through analysis and the relevant historical documents, rent to derive the rent a history of the development of grain. Pursue the rent history original and implementation processes insufficiency.Chapter 2:the urgency of problem solving. This section will from two aspects of theory and practice, and analyzes the urgency of solving this problem. from practice at to properly solve the state-rent-private-city-house ownership disputes is maintaining social stability, guarantee of human rights, and the basic need deeper theory sense, the state-rent-private-city-house ownership disputes properly solve, reflect our private property protection concepts and the progress of rule-of-law process. Chapter 3:the rental return has legitimacy. This section from legitimacy discusses in now, the ownership of the rent shall be replaced by rent all homeowners.Chapter 4:solve the state-rent-private-city-house ownership dispute system conception. This section was presented in administrative directly rebates and civil litigation combination of properly solve the state-rent-private-city-house ownership disputes assumption, on the one hand, draw lessons from the successful experience, parts of the administrative agencies established temporary, through administrative directly by way of centralized return to solve rent ownership disputes, On the other hand, due to the administrative means natural defect, a civil suit as administrative means complement and guarantee.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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