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Study on Some Legal Topics in Compensation of Building Removal(CBR)

Author: WuBin
Tutor: LiPing
School: Sichuan University
Course: Legal
Keywords: House demolition compensation Business demolition Welfare demolition Legal issues
CLC: D922.181
Type: Master's thesis
Year: 2005
Downloads: 419
Quote: 6
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Abstract


House demolition compensation issues, disputes have become an important factor affecting social stability and harmony. House demolition process in the context of building a harmonious society, and how to ensure fairness and justice, and how to balance the interests of the government, developers, evicted three, has been an unavoidable topic. House demolition compensation and the real problem is the conflict of interest between public power and private rights, to resolve this conflict, it is necessary to seriously look at our house demolition compensation on the basis of a correct understanding of the the house demolition legal nature, from a legal point of view. This paper uses literature, social surveys and data analysis are summarized cf analysis and other methods of house demolition compensation of the history and status quo carried a summary of house demolition compensation from the theoretical point of view carried the analysis and discussion, and attempt to architecture, the perfect country house demolition compensation system put forward a number of recommendations. Firstly, the analysis of the problems of our house demolition compensation system, that of house demolition system there are six aspects: First, the legislation guiding ideology overly biased; unclear legal status and the nature of the demolition compensation system; three The reason the definition of house demolition; house demolition compensation principles and standards; five is the main body of the house demolition compensation confusion; six house demolition compensation relief. Second, the paper focuses reference to a variety of domestic and international house demolition compensation discussion and reports, house demolition compensation issues were discussed theoretically. Which focuses on the nature of the finds of the house demolition compensation, house demolition should be divided in accordance with the purpose of the demolition of the commercial demolition and welfare demolition of two, and the analysis of the two relocation compensation value basis that: commercial relocation compensation value basis equity and equity transactions, whether demolition or not or how compensation should be based on both desirable; welfare relocation compensation value based on the conflict and balance of powers and interests, the main interests in the demolition or not is not decided rights, powers on equity restrictions, compensation should be given adequate compensation to make up for such a restriction. It is because of the different commercial demolition and the public service nature of the demolition and compensation value based compensation principles, standards, identifying and procedures and relief machine

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