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On Urban Housing Demolition of public and private rights in conflict and coordination

Author: ChenYan
Tutor: CaiYongMin
School: Jiangnan University
Course: The basic principles of Marxism
Keywords: Urban Housing Demolition Public rights Private rights Conflict Coordination
CLC: D922.181
Type: Master's thesis
Year: 2008
Downloads: 544
Quote: 3
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Abstract


Reform and opening up 20 years, China's rapid economic development , accelerate the pace of urbanization , cities in this process plays an important role in housing demolition , it improves the appearance of the city and improve living standards , improve the city's infrastructure and construction of public facilities . However, due to imperfect laws and regulations , enforcement procedures misconduct and obligations based traditional Chinese thinking, the massive urban housing demolition is still in a state of disorder , a large number of illegal demolition phenomenon abound. Many local governments to seek their own achievements under the name of public interest under the guise of commercial demolition, serious damage to the legitimate interests of the demolition , resulting in real life because of the demolition of public and private ownership conflicts caused by frequent , greatly affected the social stability . Urban Housing Demolition conduct an administrative legal acts and acts of civil law mixed , so strong in this administrative intervention activities , we must make two different kinds of relocation unbundled, public rights necessary for regulation the private right to perfect relief . In order to coordinate China's urban housing demolition in the relationship between public and private rights , we should examine our existing urban housing demolition on the relevant legal provisions , find inadequacies , while clearly the adjustment range of public and private rights and reasonable compensation standards, and learn from other countries and regions on the demolition of advanced legal systems. Only demolition of urban housing problems in the public and private ownership conflicts depth analysis to identify the root causes of conflicts , propose solutions, explore the meaning of the law defining the public interest , to build \urban Housing Demolition of existing systems .

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