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Study Of The Role Of Government In The Urban Housing Demolition

Posted on:2008-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2199360215472796Subject:Political Theory
Abstract/Summary:PDF Full Text Request
The urban resettlement is a common problem that in the closemodern all the countries in the world come across in urbanization andthe industrialization course. In the resent years, with the rapiddevelopment of economy and the great improvement of the urbanization,the urban houses have been broken and removed broadly. The so-calledbroad urban resettlement is a complicated many-sided benefit relatingthat person whose house is dismantled, land agents, the government,but the government is playing an important role among them.First, ownership of property problem is the core problem in theurban resettlement, and, modern constitutional requires that the countryprotects ownership of property,so the urban resettlement ought to abideby a principle to respect and protect the private property. On the otherhand, with the fact construction of our country rules society by law, ourcountry enact laws about the urban resettlement: "The law of thePeople's Republic of China on Urban Real Estate Administration","Guiding Opinions on Appraisal of Urban House Dismantlement", "Theassignment and transfer of the right to the use of the state-owned and soon. The role of government that these laws and statutes regulate is: Thegovernment as a representative of our country predominate the land andis a representative of common benefit, so the government should fulfillauthority of supervision and administration in the urban resettlement. Sothe government advocating the constitutional and the rule by law oughtto put common benefit above everything else, handle the contradictiondispute between the people whose house is dismantled and land agentswith the neutral attitude and use various means to boost society overallwelfare,and not only swear to impartial but also give consideration toefficiency impartially.The secondary, the main body of the article go to pen and ink forthe actual role of the government in the urban resettlement. Recollecting10 develops history of the city before the town house not being commercialized and becomingmarket-oriented, the urban resettlementis undertakened by the government that is intituled "the popular feelingsproject". After the town house being commercialized and becomingmarket-oriented, the part local governments, as the city operator, allythemselves with the land agents to participate in the the urbanresettlement and earn profit. The interest of the government must bemore and more strong. In the great majority urban resettlement, thegovernment is in strong power position, and holds unilateral utterance ofthe compensation and allocation. His common role is more and moremixed up and is the malposition indeed——the government deflects thetarget of common benefit for the interests of part person.Comparing with two sides, the government is the malposition in theurban resettlement. But what cause to urge this phenomenon occurs?This article investigates and discusses this problem from the illegibilitycognition of the government about his common role and his natureself-interests. By analysing the causation deeply, for putting right thelocation of the government, the article figures the government mustestablish and practise the faith that the private property is inviolable andis not infringed, and the faith that the urban resettlement must bepeople-oriented. And the government should rectify a role on everystage of the urban resettlement one by one, meanwhile, should perfectthe supervision and the almsgiving approach of the right of people forguaranteeing the adjustment of the role of the government. So that theurban resettlement is not a focal contradiction in the construction of ourcountry modernization. And then we can push forward harmonioussociety's course.
Keywords/Search Tags:Constitutional government, private property, the urban resettlement, role of government
PDF Full Text Request
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