Research Of Interests Conflict In Eminent Domain And Its Adjustment Mechanism

The eminent domain, which plays a quite important role in city construction and development, which concerns to protect citizen interests, maintain the social stabilization, improve the urbanization process and promote the local economic development. In recent year, the urban has been constantly reinforced its core status in local economic development. Accordingly, the urban construction has been increased its scale and speed, in accordance with which the eminent domain has made a tremendous scale also. Consequently the interests conflict among the government, the remover and the removed has become more furious, which brings much more social problem and conflict raises common social attention and becomes social focus. By the look of reality, the research in interests conflict and adjustment mechanism related to eminent domain is a theoretical and realistic problem, which is a requirement to carry out scientific development view in urban construction and development. During the recent two years, domestic researches about related problems have become a focus gradually. But in general, the related research about eminent domain is still relatively scattered, the theoretical researches with overall and deep system are very scarce, and most of these researches are only simply summaries of the practical investigation and researches content and so on, all these researches have not advanced to theoretical researches in sociology and management, so there has been no guidance of theoretical achievement. The researches about this problem are not much abroad also, which mainly involves to some extent in government's requisition and urban public management. This thesis mainly probes into the interests conflict and adjustment mechanism happened in eminent domain. At first, aiming at the interests conflict happened in the eminent domain, this thesis carries out an innovative theoretical research, analyses the origin cause of formation, type, origin and focus of this interests conflict from the sociology aspect, probes into regulating mechanism by marketization in interests conflict. Secondly, from the aspect establishing the scientific development view, standardizing removal task, setting up reasonable removal compensating mode and perfecting house social security, this thesis has analysed the way and method how to realize scientific, process, procedure removal operation. Through setting up a rational, fair, high-efficient adjustment mechanism which is intact, satisfying and guiding eminent domain need at present, and meets the developing needs of urban construction dynamically, and bases on market-based mode, the difficult problem in eminent domain at present is solved, the proper legitimate rights and interests of each side is safeguarded, the healthy development of urban construction is promoted. Moreover, about eminent domain, this thesis has carried on the exploration and observation in theory in term of developing the community. This thesis proposes developing the community actively, exerting the initiative of community residents, participating in the project and making policy through resident's autonomy organization, then forms the interests balance among the government, the removal and the removed, makes the removed change into the initiative advantage from the relatively passive inferior position, and participate in the decision and construction of the project actively, thus the benefit maximization between the persona and society is made. Finally, this thesis did analysis to current situation and development trend of eminent domain in terms of urbanization, it is only a phased contradiction in the process of urbanization of our country. With the setting up and amplifying of national relevant policies and regulations, and with the correct formulation and implementing of the regional removal policies, the contradiction in eminent domain will be relaxed gradually. When the urbanization becomes a certain level, the city is becoming ripe more and more, the amount of eminent domain will reduce gradually too. The purpose that this thesis study is, by the Systematic theory analysis of interests conflict in eminent domain, to set up a set of science , objective , removal policies system of urban house of marketization with strong effectiveness; bycatching a focus in interests—the question of compensating in eminent domain, to realize to interests analyse in deep and benign regulation and control of conflict in eminent domain.