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Urban Housing Demolition Several Legal Issues

Author: ZhouZuoZuo
Tutor: ChenXiaoPing
School: Guizhou University for Nationalities
Course: Economic Law
Keywords: urban housing demolition public interest impose obtaining compensation compulsion demolition the dispute settlement mechanism
CLC: D922.181
Type: Master's thesis
Year: 2010
Downloads: 244
Quote: 0
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Abstract


Social economy’s development, will not be able to leave the urbanized construction, the urban development will certainly to make the old city transformation as well as the new city development, therefore, definitely will involve the house demolition question. In recent years, with the rapid development of urbanization, the house demolition activity also is very frequent. The summary social development’s experience, if some social activity is too active, it will certainly to cause a series of social problems. Therefore, the house demolition activity causes the social dispute increases year by year, even appeared the incident which the relocated man carried on. Investigates its reason, mainly lies not to carry on the explicit limits to the house demolition legal nature in our country, and legislates regarding the house demolition exists serious defect, in the practice causes to appear massively illegal house demolition. It seriously damages litigant’s legitimate benefit, seriously breaches the harmonious and stable good order in society. According to the double standards, the house demolition may be divided into the different category, this article main discuss the related legal matter of the public interest demolition and the non-public interest demolition, which Urban Housing Demolition is divided according to the demolition goal, look forward to providing certain reference experience to Urban Housing Demolition System in our country. There are totally four parts in this article, about 30,000 words.The first article is an overview of Urban Housing Demolition, first introduces the role of Urban Housing Demolition; next describes the legal nature of Urban Housing Demolition; finally elaborates the main body of Urban Housing Demolition legal relationship.The second article researches a number of legal issues of Urban Housing Demolition, first legislation does not make a clear definition of public interest, resulting in public and non-public interest demolition using the same process; next analyses urban house demolition compensation system; and then analyses the administrative compulsion demolition system; and finally discusses the dispute settlement mechanism of Urban Housing Demolition.The third article analyses and draws lessons from the foreign housing demolition system, first summarizes the foreign housing demolition systems; and then sum up experience from the foreign system.Article IV proposes suggestion to consummate Urban Housing Demolition Compensation System in our country, first carries on the scientific definition of public interest to distinguish between public and non-public interest demolition, next we adopts different procedures to public and non-public interest demolition; finally puts forward the proposal to consummating Urban Housing Demolition compensation system, the administrative compulsion demolition system, the demolition dispute settlement mechanism.

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