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On the Balance between Public Power and Private Rights in the Publc Expropration

Author: CuiRong
Tutor: HuXiaoHua
School: Xiangtan University
Course: Law
Keywords: Public rights Private rights Public Levy Coordination of conflict
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 45
Quote: 0
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Abstract


In recent years, housing has become the most talked about topics from housing demolition to housing prices, and difficult to difficult housing from the housing, housing basic requirements of life gradually becomes a wishful thinking. Especially in today's rapid economic development, due to the accelerating process of urbanization, the increasing intensity of urban reconstruction and remodeling, house demolition in the town has become a more common phenomenon. Housing issues related to people's basic living, which exposed the problems have become increasingly prominent, triggering a number of contradictions, and also leads to competition between public power and private rights. China has also appeared in the case of many housing levy collection process was tenaciously refused to move, some resistance to self-immolation protest Blood vicious incident occurred, but in the end, without exception, the demolition under the victim. The tiny private rights in the face of strong public power is very weak. How to balance the public power and private rights, while protecting the legitimate rights of citizens, without interfering with the normal functioning of the public authority, the key to solving this problem. In order to solve the contradiction of house demolition, scholars have suggestions, the State Council Legislative Affairs Office also discuss modifications \Twice after 2010, to solicit public opinion, and finally, in January 21, 2011, \The Ordinance has been significant progress in many aspects, such as the definition of \The Ordinance on over the past there had been substantial progress. But careful scrutiny, \Therefore, this paper discusses the public interest levied status and lead to the contradictions of public and private rights, combined with the newly published \defects put forward their own suggestions for improvement, in order to improve the field of regulation of public interest levied to protect citizens' legitimate rights, taking into account the development of urban public building.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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