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Study on the Administrative Procedure of State-owned Land on House Collection

Author: YinSuZuoQing
Tutor: HuangXueXian
School: Suzhou University
Course: Constitutional and Administrative Law
Keywords: Civic building Relocation Collection Public Interest Administrative procedures
CLC: D922.181
Type: Master's thesis
Year: 2011
Downloads: 129
Quote: 1
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Abstract


“the substantive law more important than the procedure law”, is long-standing in our country, in the civic building relocation is also so. Looking at the current events of house demolition, the illegal demolition process is one of the key factors of frequent disputes. The so-called barbaric relocation, the illegal relocation are relocate law enforcement officials’ procedure idea flaw as well as our country relocate frontage reflection which the procedure standard is full of loopholes. While the reasonable administrative procedure can promote the reasonable exertion of power in the civic building relocation, protect relocated person’s legitimate rights and interests as well as enhance the efficiency of the administrative activity, therefore this article selects the administration procedure in civic building relocation as the object of the research. Along with the promulgation of "State-owned land On House Collection and Compensation Rule", our country civic building relocation enters in a new stage. Contrasted with the old "Civic building Relocation Act of administration", we discovered that the new rule has made the huge progress in the procedure aspect, but still had the slight defect. This article levies the instance from Changsha to obtain, to analyze the point of order which behind the instance exists, thought that the procedure of consummation public interest recognized, the procedure of social stability risk assessment, the procedure of house price appraisal, the public participate in the procedure and the commercial relocation procedure are the keys to restrain the public power, to maintain the citizen private rights, to bring the civic building relocation to the correct course.

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