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Study on the Subject Problems of Private Right Protection in City Houses Removing of Our Country

Author: FuChunJiu
Tutor: CuiHong
School: Shenyang Normal
Course: Legal
Keywords: House demolition Private rights Protection of Individual Rights Public interest
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 335
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Abstract

With the acceleration of the current socio-economic development and urbanization, the urban housing demolition has become a more popular topic. City to develop, to improve the living conditions of the people, demolition of old housing levy is the only way. However, in the process of demolition, the demolition of private rights protection does not give effective attention, not to sort out the legal relationship in the demolition process, there is no certainty for the demolition Rights Remedy operational guidelines, resulting in a lot of demolition social problems, resulting in adverse social impact. Social problems generated a variety of reasons, legal reasons is one of the important factors, namely, the law did not play an effective regulatory role in guiding the process of demolition. Enacted in 2001, \Therefore, in such a context, to explore the main problems of urban housing demolition is very practical significance and legal sense. Urban Housing Demolition prominent problem is as follows: First, serious damage to the interests of the demolition. By demolition no decision-making power and right to information on housing demolition and demolition, demolition parties unable to reach a unified understanding of the issue of \too narrow in scope, and the demolition assessment agency can not effectively play the role of the third party. Once again, the government's social credibility decline. Demolition of houses, the Government often lack the scientific decision-making, some governments in the process of house demolition right seeking cases of improper law enforcement, the government in the process of demolition. Once again, the interests of the demolition of the lack of effective means of relief. The terms of reference of the existing legislation legislative model led to the demolition of the alienation of the ruling system, by means of litigation rights are often unable to get the desired results. System causes these problems and, more importantly, a fundamental understanding of the protection of private rights is not deep enough. A long time, affected by the planned economy, the private rights of theoretical and practical areas did not receive attention. But with the establishment and development of the market economy, private rights becoming important right form of social life, and gradually get the attention of theorists and practitioners. From the structural point of view of private rights, private rights of the four elements can be abstracted as the subject of rights, the right to object, behavior, rights constraints. Thus, the protection of private rights constraints related to the subject and homemade behavior is natural connotation elements of the private right part of the structure, so the natural implication for housing the protection of private rights in the private rights jurisprudence. From the point of view of the level of private rights, private rights into the core of the \The lack of any one aspect in the construction of legal system, will cause incomplete system of private rights, especially the lack of a relief system in the private rights, the rights should be protected \Private rights and public rights seemingly diametrically opposed to the shift, but in fact closely related. The right to public services and the private rights community, the private rights is the origin of public rights, the existence of public rights in order to protect the defense and development of private rights, private rights, the public power will lose the need for its existence. Historical practice shows that the public power and private rights is always in the game, an important focus for the protection of private rights is that the limit of public power for private rights against. Rationalize the urban housing demolition in the parties' legal relationship, looking for ways to resolve the crux of the problem, improve the legal system of China's urban housing demolition, is particularly important. Explore the causes of the demolition of housing in the law, mainly in the legislative concept enough emphasis on the well-being of the people, not the protection of private rights in the legislative principles as the guiding principles, the the house demolition legal system itself there are some deficiencies in the system. Improve the legal system of China's urban housing demolition, first, it should be the greatest happiness of the greatest number of most people as the concept of Urban Housing Demolition legislation; Second, the principle of protection of private rights should be the guiding principles of the legal system of the house demolition; Third, it should be re- Frame house demolition legal system, established the correct demolition levied legal relationship, accurately define the meaning of the public interest, to change the chaos in the demolition, the establishment of a just and reasonable to operate the demolition program, improving the demolition relief system, the entire demolition activities are consistent with the rule of law requirements, maintenance of the private rights of the general public. The paper is divided into six parts, followed in the overall context of questions, analyze problems, problem-solving ideas. Chapter 1 Introduction, overview of the status quo of China's urban housing demolition, illustrates an overview of the research status on the problems of urban housing demolition. The second chapter describes the course of development of urban housing demolition, and state the relevant laws and regulations of the Urban Housing Demolition existing law has some defects, it is necessary to revise. The third chapter discusses the theoretical basis of the protection of private rights in the urban housing demolition process, and analyze the relationship between private rights and public rights, and to lay the theoretical foundation for the improvement of Urban Housing Demolition system. The fourth chapter discusses the Urban Housing Demolition there are many legal issues, including the lack of existing legislative concepts and protection of private rights, but also on the specific system level problem. The Chapter draws foreign property expropriation legislative system, by comparison of the United States, Germany, Japan, the Legislative Perfection of China's Urban Housing Demolition provide the basis for. Chapter VI Urban Housing Demolition Perfection ideas and measures. Should be the greatest happiness of the greatest number of most people as the concept of Urban Housing Demolition legislation; private rights protection principles should be the guiding principles of the legal system as a house demolition; should be reconstructed house demolition legal system, established the correct demolition levied legal relationship, accurately define the public interests of the meaning, change the chaos in the demolition, the establishment of a just and reasonable to operate the demolition program to improve the relocation compensation, property assessment system, improving the demolition relief system, the entire demolition activities are consistent with the requirements of the rule of law, safeguarding the private rights of the general public. The demolition of urban housing problems in the protection of private rights as the core, while making reference to scholars from administrative law, constitutional point of the research results, the various theories, with particular emphasis on the theory of civil law private rights protection. The main research method is the empirical analysis, comparative analysis method and value analysis method, the use of multi-dimensional approach in order to achieve the appraisal of the scientific and reasonableness of the final solution of the problem.

Study on the Subject Problems of Private Right Protection in City Houses Removing of Our Country

Abstract

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