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The Protection of the Administrative Law of the Rights of the Dismantled in the Urban Housing Dismantlement of China

Author: ChenJu
Tutor: HuXiaoHua
School: Xiangtan University
Course: Constitutional and Administrative Law
Keywords: Urban Housing Demolition Demolition rights Administrative Protection
CLC: D922.181
Type: Master's thesis
Year: 2008
Downloads: 433
Quote: 0
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Abstract

There are many problems in China's urban housing demolition, the demolition rights are not effectively protected, mixed it with the relationship between administrative law and civil legal relations, to solve this problem requires the joint efforts of administrative law and civil law. Based on the important role of the executive power and the strong intervention of the demolition in numerous legal department to seek relief, non-administrative law is none other than, and the key to solving the problem of urban housing demolition is an effective regulatory control of executive power. And the nature of the urban housing demolition is the behavior of administrative public interest levied under the Constitution, it is particularly necessary to strengthen and improve the administrative law protection of the right to be removed and relocated. Urban housing demolition process, in essence, is the process of the game between the various interests. As compared with the government and developers in terms of power resources, capital resources, information resources, are in the unequal status, and participate in the demolition process is often passive and helpless, so many stakeholders in the game, the demolition is always in weak position, their interests in government interests and the interests of the demolition squeezed. The demolition of property rights, right of residence, the right to information, the right to participation, the right to dissent, to supervise such rights can not be well protected. Administrative law protection of the demolition of the rights of many problems, mainly reflected in the administrative law system defects, including: ill-defined nature of the urban housing demolition; regulate urban house demolition administrative legal effect missing; demolition compensation system obviously insufficient; public interest abuse; demolition of the rights of administrative relief channels. To improve the rights of the demolition, its property or that administrative law protection of property rights, it is necessary in the construction of its system throughout the property rights theory of administrative law protection. Although the theory of a system of research and theoretical system has not yet, but you can be sure of is to build good demolition rights the administrative law protection systems, it is necessary that the property rights and administrative rights between private rights and public rights coordination, property law and administrative law open to each other, in particular the introduction of awareness of their rights in administrative law, administrative entering the property rights, the right to maintain appropriate modesty. And then learn from the experience of other countries or regions on the basis of up to improve our administrative law protection of the rights of the demolition. Specific improvement measures, first and foremost is to change the traditional concept, so open-minded. Then to the relevant administrative law to the Urban Housing Demolition and established the basic principles of good demolition positive certainty. Then to improve the regulatory system of urban housing demolition, the perfect relocation compensation and demolition permit system, and the modern demolition administrative procedures and to establish objective procedures identified and to take to define the public interest. The final step is to open up the channels of administrative remedies. Solve the problem of demolition administrative reconsideration, the key is change related procedures unfair and unreasonable. The purpose of administrative proceedings, which will have to give full play to the power of justice. The court in the trial of cases of demolition to actively introduce rationality review. Also make sure that the independence of the judiciary, including the independence of the courts and judges are independent. Improve urban housing demolition administrative law protection of the rights also contribute to social stability and harmonious society.

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