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China's urban housing demolition Legal Regulation

Author: MeiLinZhu
Tutor: WangFang
School: Northwestern University
Course: Law
Keywords: Urban Housing Demolition Legal Regulation Perfect
CLC: D922.181
Type: Master's thesis
Year: 2010
Downloads: 328
Quote: 3
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Abstract


Urban Housing Demolition is not unique to China, because China's unique traditions, circumstances and specific context of reform and opening up, in the process of urban housing demolition triggered a series of social contradictions and groups, individuals vicious incident, has become unique to China. According to official statistics, in recent years due to urban demolition groups leapfrog petition to become the first one to visit. It is a hot issue because it involves a large population and the vital interests of the people involved. In the democratic process, the legal system has been progress today, people will consciously activist; say it is the focus of the problem, because the contradictions burst-prone. Private housing demolition or expropriation, local governments above the county level to the public interest, on behalf of the state unit of state-owned land, personal ownership of housing deprivation mandatory acts in the exercise of public power generated during the various conflicts has become the focus of the society; say it is difficult issues, because of our existing laws, regulations, and the conflict between the imperfect, resulting in the intensification of contradictions in practice. Social power imbalance ruled difficulty or injustice. Affected the government's credibility and image, hindering the reform and opening up the pace of development. So that authors began to examine the legal regulation of the demolition. This article does not intend to demolition caused by urban populations and analysis of events listed, nor does the government levy demolition process in chaos as conduct analysis and condemnation, nor does the demolition instant success, \people \Instead of trying to fundamentally on Urban Housing Demolition of existing legal systems research, identify problems, analyze a conflict exists between the law. Unclear on the purpose of the demolition, relocation compensation analysis of existing problems. Since the demolition issues are more complicated, involving many legal paper due process guarantees of the demolition, legal remedies and legal cause of urban housing demolition regulation problematic reasons for judgment analysis. Also on the planned economy and market economy concept conflict demolition activities, the role of government dislocation, interventional too wide, and the concept of the traditional Chinese system of constraints on civil protection of private property caused by unfavorable position of disparity between the main demolition, not full game, etc. and a series of deep-seated reasons also done to explore. In view of the existing urban housing demolition status of the legal system, the author attempts to expand to the United States, Germany, Japan and other countries with legal systems of urban demolition comparative study, combined with China's national conditions, summarize learning, made suggestions for improvement: First, to amend the \Housing Demolition Ordinance \Second, strict demolition due process, public participation in the implementation of safeguards to limit the abuse of forced evictions and establish a fair dispute resolution mechanism, improve the system of legal remedies demolition. Third, the government homing, administration limit the abuse of public power.

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