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Research on the Legal Nature and Category Management of House Demolition on Collective Land

Author: YangZhi
Tutor: JinXiangMu
School: Zhejiang University
Course: Management of land resources
Keywords: collective land housing demolition legal character category management
CLC: D922.181
Type: Master's thesis
Year: 2011
Downloads: 321
Quote: 1
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Abstract


For centuries, as an important embodiment of citizen’s private property right houses and land have been closely connected to people’s production activities and life, and just because of this, the problems about houses and land have always been a hot topic in the academic area. Especially in the recent years, with the rapid process of urbanization and industrialization, the supply and demand contradiction of urban land resources aggravates, and housing demolition on collective land caused by land acquisition on large scale sweeps the whole country. Housing demolition on collective land helps to improve urban and country’s coordinated development, but also brings a series of contradictions and conflicts, which will be the main factor to affect social harmony and political stability. So it has become an important theoretical and practical task to strengthen management of houses demolition on collective land and solve relevent contradictions and conflicts at the present stage in China.In this context,Aiming at the existing problems in housing demolition on collective land in our country, the author adopts these methods of literature collecting,practical survey,case analysis,comparative analysis,from the perspective of the legal nature of house demolition on collective land, and puts forward some pieces of suggestion on category management of house demolitiong on collective land.The article first analyzes the recent show of house demolition on collective land of large, wide and have to catch up the trend of house demolition on state-owned land and produce more and more contradictions, conflicts and other serious incidents. On this basis,having Depth research on the concept and type of housing demolition on collective land、the legal nature of house demolition on collective land and Standard Management on house demolition on collective land.Subsequently, the paper analyzes the legal nature of demolition power or right on six cases of house demolition on collective land, and through different reasons of housing demolition,this part summarizes three modes of housing demolition on collective land,which are Land acquisition and house demolition、Collective self-demolition and Planning Housing demolition. And then to be described respectively by the background and content, practice, and with cases of the six forms of housing demolition on collective land. In this context,the author proposes the futher research on the legal nature of demolition power or right, pointing that the complexity,integrated features and development of its legal nature,and making decision on legal character of housing demolition on collective land from two dimension of performance evaluation and worth evaluation.Last but not least,From the perspective of the legal nature on demolition power or right, the paper bases the existing problems in housing demolition on collective land and then puts forward some pieces of suggestion for the demolition of three types through law and policy point of view.

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