Research About The Civil Rights Of The Dismantled People

Demolition is the current major issues in the development of our country, which has become a focus topic of theoretical research. The government concerns the demolition relatively high, the enthusiasm of scholars is also relatively high. With the modification of current "Demolition Ordinance", a lot of researches have been found. It is undeniable that, in the interests of the dismantled's demolition protection; there are significant deficiencies in China. Whether from the actual results or from the procedures, the dismantled's demolition protection are extremely irregular and need the rule of law norms. Based on narrowly defined for the the dismantled's demolition of interests, existing problems of the demolition have been got and analysis the cause. Combining our country's existing defects of legal regulation and considering the study of foreign experience, a kind of system to improve and protect the dismantled's reasonable rights and interests will be sought. There are four parts:The first part is the legal basis of the dismantled's interest protectation. The thesis analyzes firstly the justification for demolition, and the justification for demolition of urban housing should be for the public interest. Secondly, the thesis discusses the theoretical basis of dismantled's rights protection.The second part is the current state of Urban Housing and the dismantled's protection of the rights and interests. The thesis analyzes firstly the shortcomings in demolition' civil compensation, and thought that there is no distinction in housing relocation compensation standards, and compensation for land use right is missing. Secondly, the thesis analyzes the existing defects of the demolition assessment mechanism, and that the demolition assessment consignor's lack of impartiality, the responsibility of demolition assessment agencies is not clear, demolition assessment agencies lack of neutrality. Finally, the paper analyzes the shortcomings of existing dispute resolution mechanism, and talk about whether the administrative decision should be the lead issue of administrative proceedings, the parties lack of basis for directly propose the civil action to the court.The third part is to comparing the system for protecting the dismantled's rights and interest. The paper analyzes firstly the civil law countries and common law countries' relevant provisions of the dismantled's rights protection, and secondly, though comparation of related research between civil law countries and common law countries, the paper summarize some related systems in the line with China's national conditions.The fourth part is the improvement of the dismantled's rights and interest protection. The article proposes firstly that make clear the demolition compensation standard and the main principles of compensation and to expand the scope of urban house demolition compensation, and to improve the housing assessment mechanism. Secondly, the paper proposes to build an independent and impartial evaluation system. The rating agencies should cut off the interest associated with the relevant body, and to strengthen market-oriented reform of rating agencies, and to require the rating agencies professionals'civil liability. Finally, the papers propose a civil dispute resolution mechanism. The proceedings should be redesigned to give the demolition of civil rights for demolition in order to protect the legitimate interests of the dismantled.