論我國城市房屋拆遷之制度缺陷與完善.pdf

1、湘潭大學(xué)碩士學(xué)位論文論我國城市房屋拆遷之制度缺陷與完善姓名：潘智斌申請學(xué)位級別：碩士專業(yè)：法律·行政法學(xué)指導(dǎo)教師：倪洪濤20071001IIABSTRACT In most civic building relocation administration case,the relocation mostly crown has “old city the transformation”“the city afforestati

2、on”“to develop the place economy”“the non-profit organization”and so on the name.However truly because public interest relocation actually is in minority.The real estate developer with government departments together,bor

3、rows“the public interest”the name,but reality the pedder industry relocation. More worrying is that through public or business relocation problems with the deadly problem,on the application of law, the scope of compensat

4、ion,program designed,judicial aid and many other aspects. It is necessary to perfect and improve. Civic building relocation is that demolition people removed the region's housing of town planning on state-owned land

5、according to the law, resettling the owner or user of the demolition of houses and providing economic compensation. From a legal point of view to look at, our system of housing demolition show the characteristics of a li

6、cense, mandatory, demolition purpose of uncertainty and duality of the legal relationship. Under China's current system of housing relocation illegal demolition occurs from time to time, contradictions excited, petit

7、ing frequently and so on disharmony phenomenon. The reasons disharmony phenomena caused are many. But mainly comes from the demolition of the system itself and its shortcomings and flaws.demolition of the housing system

8、in China is not able to define that the purpose of public purpose or for the purpose of profit clearly . So in reality both commercial demolition or demolition of public welfare has become a government backing to the com

9、pulsory demolition. This is not only in the area formed a power leasing platform, the breeding corruption, but also brings undue harm to people who were demolition. There arose the many social contradictions. The demoli

10、tion of the system itself, administrative rules and regulations making housing demolition requirement that the demolition was deprived of the right to use land and housing ownership, This is contrary to the Constitution

11、and the relevant provisions of the Civil Code. In the course of implementing the demolition of housing, the existing provisions of the compensation is very unreasonable. Not only reimbursement prices are low, but the sco