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The Balance of Public Power and Private Rights in Relocation Legislation

Author: WangBin
Tutor: TaoWeiDong
School: Southwestern University of Finance and Economics
Course: Civil and Commercial Law
Keywords: Demolition Demolition of houses on the state-owned land with compensation law Public power Proprietary
CLC: D922.181
Type: Master's thesis
Year: 2011
Downloads: 125
Quote: 0
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Abstract


since the 1990s, the dismantlement has become a new hot social phenomenon, the dismantlement transformation in the process of urbanization plays an important role, to improve the living conditions of local residents and urban planning, played due effect. And the house dismantlement involves public rights and proprietary interests balance in the whole problem, also caused many theorists argue, because the demolition process in a strong position and public rights of privacy protection to regulate how weak, public rights to privacy and security dismantlement related laws, has become an urgent problem.The first part of this article summarizes the urban house dismantlement generation, properties, the development history and the demolition process exists on what legal relationship, the urban house dismantlement background and produce a clear, and the history of urban house dismantlement respectively from the legal aspect, power changes are analyzed, and the level of dismantlement with our current account since reform and opening to the city historic transformation. Demolished In addition, through to the urban house dismantlement involves legal relation analysis, can see our house dismantlement administrative legal relationship or the legal system for main body, i.e., the dismantlement actually or a government use of public power to citizen building droit imposed an administrative behavior made. Through the first chapter, we will give an overview of the urban house dismantlement concept has a roughly understanding, and began from, into the details of the dismantlement public rights and proprietary conflict.The second part of the legislation from legal levels, especially in the process of urban house dismantlement involves Public power to Privacy conflict with dismantlement a summary of the source. Through the compensation and resettlement requisition decision of the stage, the stage and the demolition stage private rights conflict performance summary, we can see, we the demolition legislation or insufficient, there is a lot of no specific normative legal basis, leading to the dismantlement appeared in the process of the root of conflicts and disputes. Demolition public rights and privacy in the conflict, mainly because the vague position of public interest, vague bounds, so in the second quarter, part of the public interests of the concept, characteristic are analyzed in detail, and the public interest and business interests separate and help the government in making the demolition when in reality can requisition decision of the whole attitude to urgent, overall planning of urban construction. Meanwhile, although demolition exercise of public power is the government of citizens’ private property, but inevitably imposed by law, to the influence of promulgated for implementation of the property law, especially, give ordinary citizens to protect their legitimate private equity weapon.The third part is more detailed public rights for demolition process with proprietary conflict analyses and measures are put forward, and the reference of foreign how to handle the dismantlement public-private rights conflict, to give our demolition process puts forward some advice. Through to the dismantlement of the public rights and proprietary, hope to find out into the ChongTuDian, with both provide some suggestion in the second quarter, for example, to distinguish demolition and commercial units, public welfare of compensation and resettlement of houses, and the establishment of a fair and regulating the judicial supervision system to ensure the demolition program be legal requirements, etc. Finally, the foreign and Hong Kong area legal how to deal with public rights of demolished buildings with proprietary balance summarized, hope to give our demolition legislation played a role and textbooks.The fourth part of the content of mainly around the 2011 the houses on the state-owned land collection and compensation ordinance to launch, and the new regulations for demolition both in law requisition decision of the objection, the government as the only relief of compensation subject, administrative demolition into judicial demolition, banning such violence relocates older made more perfect demolition regulations improvement, the more help protect citizens’ legal privacy. Three chapters, changes brought new demolition regulations, public rights and proprietary influence and unresolved public rights and proprietary balance paper summarizes the problems and analysis. The new regulations should speak brought to us is not only legislation improvements, is also a kind of signal, the country hopes the new regulations promulgated by the chaotic, to establish the new concept of harmonious society.The fifth part will combine China dismantlement with current privacy public rights for the current conflict, the hot phenomenon existing demolished the private rights, make whole society differentiate limits to the legal concept for demolition privacy protection to change. In hot phenomenon, stubborn, villages YueJi complaint transformation, such as the hot issues, and then through a statement to public and private rights in legislation, demolition, compensation, relief phase, the definition to analyze citizens what privacy should be protected.

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