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The Perfection of the Legal System of Urban Housing Demolition in China

Author: ChenHuiJun
Tutor: ChenShuQuan
School: Ocean University of China
Course: Legal
Keywords: Urban Housing Demolition Public interest Compensate Assess
CLC: D922.181
Type: Master's thesis
Year: 2011
Downloads: 93
Quote: 0
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Abstract


Run into a stage of stable development of China's socialist market economy, the state of the city's overall planning has entered a stage of rapid development, the rapid urban construction. But in this process, due to the new urban planning inevitably related to house demolition and land acquisition problems, which necessarily a direct impact on citizens' fundamental rights of tens of thousands of households in China. Our current housing demolition and land expropriation legal system lags and imperfect, and thus led to numerous contradictions in the process of house demolition and land expropriation, some contradictions and even intensify social instability factor. The spirit of discovery of the problem, analyze the problem, the basic idea to solve the problem, from the following aspects were discussed: Part I: Introduction. This section describes the background of China's urban housing demolition, an overall description of the full text. Part II: the basic theory of the Urban Housing Demolition. The main contents include the concept of urban housing demolition, the characteristics and the legal nature of the analysis, the author believes that the welfare demolition is an administrative levy behavior, commercial demolition has both the civil nature of the act, but also the nature of the administrative action. The article only welfare demolition as the research object. Part III: the main problems of China's urban housing demolition. That part of China's urban housing demolition legal system and law enforcement practice, pointed out that the main problem: government infringement, Public Participation missing, evaluation and compensation for unfair judicial relief. Part IV: The main cause of the problem of China's urban housing demolition. The reason for the third part of the problems analyzed reviews to identify the main problems of China's urban housing demolition, but also to find a basis for the legal system, improve the urban housing demolition, including: the abuse of the public interest, demolition assessment, compensation and relief law procedures and incomplete. Part V: The perfect idea of ??the legal system of China's urban housing demolition. China to achieve the purpose of a fundamental solution to house demolition disputes and conflicts, by means of legislation must be perfect, the part based on national conditions, from all aspects of the demolition - welfare confirmation, evaluation, compensation, enforceable relief to perfect recommendations. Such adjustment to legal norms, constraints house demolition market, and ultimately achieve the purpose of promoting the stable development of China's socialist market economy. ?

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