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Research On The Houses Built On The State

Posted on:2015-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2296330431486176Subject:Law
Abstract/Summary:PDF Full Text Request
Since1993the Central Committee issued the Central Committee of Communist Party ofChina Several Problems about the Building of the Socialist Market EconomicSystem,the reform of the urban housing system have become an important section ofrestructuring the economic system.The fundamental objective of this stipulation isestablishing a new compatible socialist market to fix new town housing system,in orderto achieve commercialization and socialization of house.To speed up housingconstruction,improve the living conditions for the sake of meeting the grows demandand the urban residents of housing.The original intention of town housing system isgood..After this reform implement several years has obtained a huge achievement.At thesame time, real estate price has risen,and property-value bubble have became a seriousproblem.Levied persons is expropriated by this reform.Land and house plays a veryimportant role since the ancient times.We can say that is related to national economyand people’s livelihood.It is important to the smooth enforcement of the national policyand every household.January2011,the State Council has announced Houses Built on theState-owned Land Levy Compensation to replace Administration of Demolishment ofUrban Houses.The new Houses Built on the State-owned Land Levy Compensation hasmaking strides towards.This ordinance enhances the rights of levied person,howeverthis ordinance is not perfect, in order to balance the interests of all parties.Houses Builton the State-owned Land Levy Compensation and other relevant laws form the basicframework.Levied persons are in the weak position,that we should tilt to them whenlegislation.Levied persons should be given more rights and government power shouldbe reduce.The various stages in the house acquisition,due to the imperfectlegislation,the rights and interests have not been expropriated perfect protection.Beforethe house acquisition program started,the city planning process should have asubstantial impact on the future,but the insufficient participation system of the urbanplanning process,putting levied person in a passive position. At the same time publicinterest is not accuracy,levy progress based on this conception is not be differentiatedform business development,objectively has also caused some negative influence on therights and interest of the expropriated.The current evaluation way of compensation forexpropriated is narrow and compensation mode cannot meet the needs of the reality.Expropriated for relief is limited to the administrative reconsideration andlitigation,tell form the relief way,due to the inherent characteristics of the above twokinds of relief way provides perfect protection expropriated.According to the aboveshortcomings,in the continental law system and common law countries there are somebeneficial factors that we should combine the current situation.Finally we could protectlevied persons via legislation,and promote the development of a harmonious society isthe purpose of this article.
Keywords/Search Tags:House Levy and Compensation, Levied person, Protection of Right
PDF Full Text Request
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