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Protecting the interests of the demolition of

Author: LanYanZhuo
Tutor: LiuZuo
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Urban Housing Demolition Community demolition Protection
CLC: D922.181
Type: Master's thesis
Year: 2008
Downloads: 474
Quote: 2
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Abstract


With economic development and urbanization process accelerated, urban housing demolition caused by the conflict of interest and social problems have become increasingly prominent. Which highlights several major contradictions: the abuse of the public interest, the dislocation of government functions, the lack of compensation for demolition, and the lack of remedies. In this paper, based on reality and the basis of concern for the public welfare is removed for the protection of the interests. Based on the demolition of passivity and weakness of the characteristics of protecting the public interest is removed for the benefit of people is necessary: ​​Protecting the property rights of citizens, but also to protect the human rights; was a constitutional requirement; realize the important value of administrative law; building a harmonious society of great significance. To protect the public interest is removed for the benefit of people, the first demolition of urban housing has a correct understanding of the urban housing demolition definitions, characteristics, legal relations and classification. The above content as the first part of this article, introduces the current situation of urban housing demolition. The second part of this paper is to clarify the boundaries of the public interest. In order to prevent abuse of the name of the public interest, the public interest must be a clear and accurate understanding, although our legislation has yet to be clearly defined public interest, but the rest of the world can learn from the definition of the public interest and the reality of our situation, try its elaboration. Because public interests are elements for the purpose of demolition, so the limit is to protect the public interest for the interests of the demolition of the premise. The third part of this paper is to improve our urban housing demolition procedural issues, mainly from the introduction of forced evictions hearing procedures and norms both for discussion. Hearing is the core of administrative procedures, but also ensure that the administrative decision-making democratic and scientific premise; forced evictions is directly related to the interests of the demolition, but because of its nature can not turn in practice the greatest harm, so it must be applied strict accordance with the law, and carefully apply. The fourth part of this paper is to improve our resettlement compensation system. Through the various countries and regions in the world legislation and practice of research, from the principle of compensation, compensation range and compensation were three aspects to discuss what compensation is reasonable and feasible at this stage in our country: the principle of compensation should be fair or adequate compensation and timely compensation, prior compensation; based on the existing rules should be the land use rights, other invisible losses included in the scope of compensation; compensation should be flexible, and constantly strive to increase the compensation to be demolished in order to fully INTRODUCTION loop āW kohlrabi? solve conflicts, conflict mitigation, need to improve legislation, strict law enforcement, administration, and achieve national interests, social interests and personal interests and win-win, so as to promote the construction of a harmonious socialist society.

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