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On the Administrative Law’s Problem of Demolishing Urban House

Author: PengSuYun
Tutor: ZhouYouYong
School: Wuhan University
Course: Legal
Keywords: House demolition Eminent domain Government action
CLC: D922.181
Type: Master's thesis
Year: 2005
Downloads: 714
Quote: 5
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Abstract


With the acceleration of urbanization , housing demolition has become an relationship livelihood event . At the same time , housing demolition conflicts and disputes is also increasingly apparent. The past year , the State Council issued a series of initiatives , reflecting its attention on the issue of housing demolition . Social stability and harmonious development depends on Urban Housing Demolition work law and orderly way. This paper attempts to Urban Housing Demolition Administrative Law cognitive perspective . Longitudinal comparison of the relevant system of house demolition and horizontal analysis of housing demolition status quo , especially the Golden Harvest mandatory demolition case key analysis , the authors suggest : Urban Housing Demolition contradictions underlying causes of the abuse of the right of the government land acquisition and behavior dislocation . How the government acts to effectively regulate the power of the government , especially land acquisition rights to receive appropriate exercise , is the moment the core issues . A constitutional amendment in 2004 to further improve the collection system of land acquisition in China , but still rather vague on the principle of \space , private property rights by the very low level of protection . In addition to the definition of property rights , the protection of the contract is to be performed , and private property is inviolable , the government should not interfere too much in the economic behavior between the main players in the market . At present, most of the urban housing demolition both the local government when the rule -makers , referee , supervisor and when the case of athletes , which further deepened the government , demolition , demolition tripartite contradiction . The fundamental way to solve the contradiction is that the exit of the government from civil relations between the demolition and demolition . This is not only related to the fundamental transformation of government functions and the breakthrough change with the market economy of the land system , also need to improve the relevant legal system to control the abuse of government power , regulate the government administrative behavior . Public participation and an independent judiciary is a strong guarantee to solve the problem .

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