国有土地上房屋被征收人权利保护研究
发布时间：2018-07-24 21:34
【摘要】：《国有土地上房屋征收与补偿条例》中确立的公益征收原则，，将商业开发排除出行政权力能够介入的范围，有效缓解了《城市房屋拆迁条例》因商业开发进行征收所引发的社会矛盾。同时，条例对征收行为性质及征收当事人的重新界定，以司法强制执行代替行政强制执行，使征收行为走向合法化，在保护被征收人合法权益上也有了新的进展。但条例过多的框架性、原则性规定，使得实际适用过程中的效用并不明显。被普遍认为是代表新条例一大进步的司法强制执行，在具体操作过程中也面临着严峻的考验。而存在的这些问题，最终指向的将是对被征收人合法权益的侵犯。被征收人权利的保护现状如何？存在何种保护上的困境？造成这些困境的原因是什么？如何对这些问题进行完善，实现保障被征收人的合法权益的目的？ 本文旨在对国有土地上房屋被征收人的权利保护问题进行探讨，通过对比《城市房屋拆迁条例》与《国有土地上房屋征收与补偿条例》中在被征收人实体性权利、程序性权利上的演变，同时借鉴域外国家（地区）在保护被征收人权益的具体规定，提出完善我国房屋被征收人权利保护制度的具体对策。
[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.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.3
本文编号：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.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.3
【参考文献】
相关博士学位论文 前1条
1 朱子庆;海峡两岸土地征收与补偿制度之比较研究[D];中国政法大学;2013年
本文编号：2142720
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