國有土地上房屋被征收人權利保護研究
發(fā)布時間：2018-07-24 21:34
【摘要】：《國有土地上房屋征收與補償條例》中確立的公益征收原則，，將商業(yè)開發(fā)排除出行政權力能夠介入的范圍，有效緩解了《城市房屋拆遷條例》因商業(yè)開發(fā)進行征收所引發(fā)的社會矛盾。同時，條例對征收行為性質及征收當事人的重新界定，以司法強制執(zhí)行代替行政強制執(zhí)行，使征收行為走向合法化，在保護被征收人合法權益上也有了新的進展。但條例過多的框架性、原則性規(guī)定，使得實際適用過程中的效用并不明顯。被普遍認為是代表新條例一大進步的司法強制執(zhí)行，在具體操作過程中也面臨著嚴峻的考驗。而存在的這些問題，最終指向的將是對被征收人合法權益的侵犯。被征收人權利的保護現狀如何？存在何種保護上的困境？造成這些困境的原因是什么？如何對這些問題進行完善，實現保障被征收人的合法權益的目的？ 本文旨在對國有土地上房屋被征收人的權利保護問題進行探討，通過對比《城市房屋拆遷條例》與《國有土地上房屋征收與補償條例》中在被征收人實體性權利、程序性權利上的演變，同時借鑒域外國家（地區(qū)）在保護被征收人權益的具體規(guī)定，提出完善我國房屋被征收人權利保護制度的具體對策。
[Abstract]:The principles of public interest expropriation established in the regulations on Housing expropriation and compensation on State-owned Land exclude commercial development from the scope within which administrative power can intervene. It effectively alleviates the social contradiction caused by commercial exploitation and collection of urban house demolition regulations. At the same time, the regulation redefines the nature of the expropriation act and the levying parties, replacing the administrative enforcement with the judicial enforcement, which makes the expropriation move towards legalization, and has also made new progress in protecting the lawful rights and interests of the expropriated person. But the excessive frame and principle of regulations make the utility of practical application not obvious. It is generally regarded as the judicial enforcement which represents a great progress of the new regulations, and also faces a severe test in the concrete operation process. These problems will ultimately point to the infringement of the legitimate rights and interests of the expropriated persons. What is the status of the protection of the rights of the expropriated person? What are the protective dilemmas? What is the cause of these difficulties? How to improve these problems and achieve the goal of protecting the legitimate rights and interests of the expropriated person? The purpose of this paper is to discuss the protection of the rights of the expropriated houses on the state-owned land, and to compare the substantive rights of the expropriated persons with the regulations on the demolition and relocation of Urban Housing and the regulations on the Collection and compensation of Housing on the State-owned Land. The evolution of procedural rights and the specific regulations of foreign countries (regions) in protecting the rights and interests of expropriated persons are used for reference, and the concrete countermeasures to perfect the system of protecting the rights of the expropriated persons in our country are put forward.
【學位授予單位】：華僑大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D922.3
本文編號：2142720
[Abstract]:The principles of public interest expropriation established in the regulations on Housing expropriation and compensation on State-owned Land exclude commercial development from the scope within which administrative power can intervene. It effectively alleviates the social contradiction caused by commercial exploitation and collection of urban house demolition regulations. At the same time, the regulation redefines the nature of the expropriation act and the levying parties, replacing the administrative enforcement with the judicial enforcement, which makes the expropriation move towards legalization, and has also made new progress in protecting the lawful rights and interests of the expropriated person. But the excessive frame and principle of regulations make the utility of practical application not obvious. It is generally regarded as the judicial enforcement which represents a great progress of the new regulations, and also faces a severe test in the concrete operation process. These problems will ultimately point to the infringement of the legitimate rights and interests of the expropriated persons. What is the status of the protection of the rights of the expropriated person? What are the protective dilemmas? What is the cause of these difficulties? How to improve these problems and achieve the goal of protecting the legitimate rights and interests of the expropriated person? The purpose of this paper is to discuss the protection of the rights of the expropriated houses on the state-owned land, and to compare the substantive rights of the expropriated persons with the regulations on the demolition and relocation of Urban Housing and the regulations on the Collection and compensation of Housing on the State-owned Land. The evolution of procedural rights and the specific regulations of foreign countries (regions) in protecting the rights and interests of expropriated persons are used for reference, and the concrete countermeasures to perfect the system of protecting the rights of the expropriated persons in our country are put forward.
【學位授予單位】：華僑大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D922.3
【參考文獻】
相關博士學位論文 前1條
1 朱子慶;海峽兩岸土地征收與補償制度之比較研究[D];中國政法大學;2013年
本文編號：2142720
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