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The Success and Improvement of "the Expropriation and Compensation Statute for Properties on the State-owned Land"

Author: LiuZuoJun
Tutor: MaXinYan
School: Jilin University
Course: Civil and Commercial Law
Keywords: Housing Expropriation Improvement of Expropriation Public Interest Law Perfection
CLC: D922.181
Type: Master's thesis
Year: 2011
Downloads: 401
Quote: 1
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Abstract


Property right is one of the basic citizen right, and it is also the core of citizen right system. But property right is not absolutely inviolable, because of public interst’s need, state can levy and expropriate private property, and bestow compensation, that is to say public interest’s need is the only legal grounds of exercising eminent domain.Urban housing expropriation is an important product of urban construction and development, which is mean to improve people’s housing conditions, reconstruct urban and to improve the urban environment. But the social problems is still emerging caused by housing expropriation. Illegal advance and violence advance always happens and even causes bloodshed and civil conflict, and becomes political instability, and affects the harmonious development of society. How to solve the contradictions in the housing expropriation, is the focus of the community. I improved the perspective proposal of housing expropriation and hope to solve the problem of collection. Along with strengthen of the idea of the protection of the individual ownership of private property of citizens, the law is updated with the progress of the concept. "Amendment to the Constitution", "Property Law" were introduced, which have emphasized the protection of private rights, and increased protections for the expropriated in the Urban housing expropriation. The original "Urban Housing Demolition Management Regulations" has become outdated and conflicted with the "Constitution"." The Expropriation and Compensation Statute for Properties on the State-owned land "was released to solve this problem and compensate the rule of expropriation and compensation steatute for properties.The article first describes the legislative background of "the Expropriation and Compensation Statute for Properties on the State-owned land", the historical development of legal system of city building remove and proposed the legislation situation and practical difficulties of the urban housing demolition before the law issued. Then I evaluate the success and improvement of "the Expropriation and Compensation Statute for Properties on the State-owned land" in Legislation. Through the comparative study of foreign urban house expropriation system, analysis the related legal system of urban house expropriation of the United States, Germany, Japan, France and other developed countries, summary used reference for China to learn from and put forward the perfect rational thinking of the improvement of "the Expropriation and Compensation Statute for Properties on the State-owned land" which with the improvement of definition of public interest and proceedings; the improvement of Compensation standards and scope of the expropriation; the improvement of assessment mechanism of compensation for expropriation; the improvement of business relocation legislation.

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