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Author: NiuHuiJuan
Tutor: SunXianZhong
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Nail house System of land acquisition and resettlement Property Law Legitimate rights
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 271
Quote: 0
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Abstract
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In recent years, the social problems arising from the demolition and is referred to as a \\\\This article focuses on the phenomenon of \\The author believes that it has its own special value in the case studies. However, for the present case, only the case concerns a fundamental solution to this problem. This paper attempts template to study the phenomenon of \At this stage, the phenomenon of \\From the perspective of property law, what should be how to assess the interest demands the implementation and claims in the land acquisition and resettlement, need to be Discrimination. Demolition in the process of land acquisition and resettlement, the property rights of the people due to government collection of administrative disappeared, according to the provisions of property law should be compensated. Through research, I found that, before the legal system did not make good arrangements for the protection of the rights of the people in the demolition. Need to improve the legal system pay more attention to the protection of civil rights. The same time, the demolition claims is limited, in the land acquisition and resettlement in the public interest conditions, if the legal procedures and adequate compensation be removed and relocated to resist the demolition lost legal legitimacy, in reality, this is The demolition also exist. In these circumstances, in order to safeguard the public interest and the authority of the law, this demolition through legal enforcement measures. Presence there is necessity of forced evictions. Prejudice to the rights of citizens against the forced demolition of the existing situation, the need for the forced evictions provisions more stringent applicable conditions and procedures. In determining the \This article from the substantive rights of the demolition process rights, and the special case of the right to social security three aspects to be analyzed. For the analysis of the legitimate rights of the people and reality \The pursuit of excessive interests is one of the few. The final conclusion of this article: To resolve the problem of the \From the legal concepts, adequate compensation, fairness of procedures for the implementation of the social security in the demolition, the strict application of forced evictions five put forward their own views.
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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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