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Study on Coordination between Public Power and Private Rights in Urban Eminent Domain

Author: GaoXiaoXia
Tutor: CaiYongMin
School: Jiangnan University
Course: The basic principles of Marxism
Keywords: Urban housing levy Public rights Private rights Conflict Coordination
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 89
Quote: 1
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Abstract


The problem of urban housing levy is particularly concerned about the hot issues in our society , including public rights and private rights conflict is the focus of the issue . With the rapid development of China's economic construction , urban planning speed also accelerated , which housing levy has become an important means to improve the appearance of the city , and improve people's lives , improve the urban infrastructure and public facilities construction . However , the implementation of the housing levy also brought many problems , public power and private rights conflict is one of the core issues . Conflict of public and private rights by our legislation is imperfect , caused by the implementation of the program of misconduct , conflict of interests , the influence of traditional ideas . Some government departments loopholes abuse of government authority , despite the vital interests and local realities , the blind pursuit of economic development , to vigorously urban planning , compensation and resettlement program may not be implemented , the masses are not satisfied , forced evictions and demolition of violence incident frequent affects social stability and order . Therefore , the effective coordination of public rights and private rights of the legal profession and the theorists to explore and delve into the subject . Effective coordination of the relationship between the two , it is necessary to analyze China 's urban housing levy system itself must be clear of its kind and legal relations , must have a clear conflict of public and private rights performance and analyze its reason , learn from foreign tax system for reasons to coordinate the relationship between public and private rights practices on the basis of the proposed solution to the conflict , it is necessary to accelerate the legislative process of urban housing levy to build the proper procedures to improve the judicial relief , change ideas , and reasonable definition of government authority to coordinate public and private rights relationship , in order to prevent the abuse of government authority , protection of private rights of citizens , and improve their development so as to promote China's urban housing levy system .

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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