中国城市房屋拆迁程序规范问题研究
发布时间：2019-03-22 16:32
【摘要】：改革开放以后,我国经济实现了跨越式发展,城市建设的进程不断加速,大规模城市扩张和旧城改造使城市房屋拆迁成为必然,同时城市房屋拆迁所引发的利益冲突和社会问题也在日益突出。但遗憾的是,我国城市房屋拆迁的相关立法不健全,现有法律法规中又没有明确且适用的程序规范细则。导致一方面,对公共利益定位不明,导致公共利益对合法私权的侵扰;另一方面,在房屋拆迁过程中行政权力在无法律授权的情况下干预和参与民事行为,其中还存在暴力执法行为,以上这些现象给建设和谐社会增加了不安定因素,引发了各类矛盾、冲突、群体性事件,严重破坏社会的和谐稳定。近年来,我国也相继出台了一系列有关房屋拆迁、征收、补偿的法律法规,2011年《国有土地上房屋征收与补偿条例》(以下简称《征收与补偿条例》)的出台,标志着我国城市房屋拆迁的法律制度有了跨越式发展。虽然《征收与补偿条例》在一定程度上缓解了我国拆迁过程中尖锐激烈的矛盾,但根本问题并没有得到根治,全国各地因房屋拆迁引发的社会冲突依然频发。笔者从拆迁程序规范法律角度,探索和思考我国目前城市房屋拆存在的问题和解决思路,力求不仅能为被拆迁人这一弱势群体争取更多的合法权益,也能为我国当前城市房屋拆迁制度的立法出微薄之力。本文首先从宏观角度分析了我国当前拆迁的社会背景和现状,通过列举拆迁过程中出现的具有较大社会影响的群体性事件,剖析我国现行立法中关于拆迁法律法规存在的制度缺陷,通过分析利弊和影响,引出当前我国城市房屋拆迁过程中完善程序规范的重要性。第一部分介绍我国城市房屋拆迁的立法发展,从宪法、法律、行政法规三个层次分析我国拆迁、征收的立法过程和现有的法律制度,并且总结成果,正视不足之处,由此引出当前对我国城市房屋拆迁进行法律制度完善、程序规范的重要性。第二部分以列举方式介绍当前我国城市房屋拆迁的现状和拆迁过程中出现的基本矛盾。通过分析近几年影响较大的因拆迁引发的群体性事件,阐述引发矛盾的主要原因。第三部分通是针对第二部分的问题和矛盾提出具体的建议和意见,侧重于从程序规范的角度,从拆迁的工作流程、政府职能划分、拆迁补偿程序和拆迁救济程序四个方面,结合实际情况,提出自己的见解,最后对我国城市房屋拆迁的发展做一个概括性的设想。
[Abstract]:After the reform and opening-up, China's economy has achieved great-leap-forward development, the process of urban construction has been accelerating, large-scale urban expansion and the transformation of the old cities have made the demolition of urban houses inevitable. At the same time, the conflicts of interest and social problems caused by urban housing demolition are becoming more and more prominent. Unfortunately, the relevant legislation of urban housing demolition in our country is not perfect, and there are no clear and applicable rules and regulations in the existing laws and regulations. On the one hand, the orientation of the public interest is unclear, which leads to the interference of the public interest to the legitimate private rights; On the other hand, in the process of house demolition, administrative power interferes with and participates in civil acts without legal authorization, and there are also violent law enforcement acts, which add unstable factors to the construction of a harmonious society. Caused all kinds of contradictions, conflicts, group events, seriously undermine the harmony and stability of society. In recent years, China has also issued a series of laws and regulations on house demolition, expropriation and compensation, and the 2011 regulations on Housing expropriation and compensation on State-owned Land (hereinafter referred to as "expropriation and compensation regulations"). It marks the leap-forward development of the legal system of urban housing demolition in China. Although the Law on Collection and compensation alleviates the sharp and fierce contradiction in the process of demolition in China to a certain extent, the fundamental problem has not been cured, and the social conflicts caused by house demolition all over the country are still frequent. From the legal point of view of the demolition procedure, the author explores and ponders the existing problems and solutions of urban housing demolition in our country, and strives not only to strive for more legitimate rights and interests for this vulnerable group of people who have been dismantled, but also to explore and consider the existing problems and solutions. It can also play a weak role in the legislation of the current urban housing demolition system in China. First of all, this paper analyzes the social background and current situation of the demolition in China from the macro point of view, and through enumerating the group events which appear in the process of demolition, which have a great social impact, This paper analyzes the system defects of the existing laws and regulations on demolition in our country. By analyzing the advantages and disadvantages and the influence, it leads to the importance of perfecting the procedural norms in the process of demolition of urban houses in our country. The first part introduces the legislative development of urban housing demolition in China, analyzes the legislative process of demolition, expropriation and the existing legal system from the three levels of constitution, law and administrative regulations, and sums up the achievements to face up to the shortcomings. This leads to the current legal system of urban housing demolition in China, the importance of procedural norms. The second part introduces the current situation of urban house demolition in China and the basic contradictions in the process of demolition. Through the analysis of the mass events caused by demolition in recent years, the main causes of the contradiction are expounded. The third part is to put forward specific suggestions and opinions on the problems and contradictions of the second part, focusing on four aspects: the work flow of demolition, the division of government functions, the compensation procedure of demolition and the relief procedure of demolition, from the point of view of procedural norms. Combined with the actual situation, the author puts forward his own opinions, and finally makes a general assumption on the development of urban housing demolition in China.
【学位授予单位】：云南财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F299.2
本文编号：2445746
[Abstract]:After the reform and opening-up, China's economy has achieved great-leap-forward development, the process of urban construction has been accelerating, large-scale urban expansion and the transformation of the old cities have made the demolition of urban houses inevitable. At the same time, the conflicts of interest and social problems caused by urban housing demolition are becoming more and more prominent. Unfortunately, the relevant legislation of urban housing demolition in our country is not perfect, and there are no clear and applicable rules and regulations in the existing laws and regulations. On the one hand, the orientation of the public interest is unclear, which leads to the interference of the public interest to the legitimate private rights; On the other hand, in the process of house demolition, administrative power interferes with and participates in civil acts without legal authorization, and there are also violent law enforcement acts, which add unstable factors to the construction of a harmonious society. Caused all kinds of contradictions, conflicts, group events, seriously undermine the harmony and stability of society. In recent years, China has also issued a series of laws and regulations on house demolition, expropriation and compensation, and the 2011 regulations on Housing expropriation and compensation on State-owned Land (hereinafter referred to as "expropriation and compensation regulations"). It marks the leap-forward development of the legal system of urban housing demolition in China. Although the Law on Collection and compensation alleviates the sharp and fierce contradiction in the process of demolition in China to a certain extent, the fundamental problem has not been cured, and the social conflicts caused by house demolition all over the country are still frequent. From the legal point of view of the demolition procedure, the author explores and ponders the existing problems and solutions of urban housing demolition in our country, and strives not only to strive for more legitimate rights and interests for this vulnerable group of people who have been dismantled, but also to explore and consider the existing problems and solutions. It can also play a weak role in the legislation of the current urban housing demolition system in China. First of all, this paper analyzes the social background and current situation of the demolition in China from the macro point of view, and through enumerating the group events which appear in the process of demolition, which have a great social impact, This paper analyzes the system defects of the existing laws and regulations on demolition in our country. By analyzing the advantages and disadvantages and the influence, it leads to the importance of perfecting the procedural norms in the process of demolition of urban houses in our country. The first part introduces the legislative development of urban housing demolition in China, analyzes the legislative process of demolition, expropriation and the existing legal system from the three levels of constitution, law and administrative regulations, and sums up the achievements to face up to the shortcomings. This leads to the current legal system of urban housing demolition in China, the importance of procedural norms. The second part introduces the current situation of urban house demolition in China and the basic contradictions in the process of demolition. Through the analysis of the mass events caused by demolition in recent years, the main causes of the contradiction are expounded. The third part is to put forward specific suggestions and opinions on the problems and contradictions of the second part, focusing on four aspects: the work flow of demolition, the division of government functions, the compensation procedure of demolition and the relief procedure of demolition, from the point of view of procedural norms. Combined with the actual situation, the author puts forward his own opinions, and finally makes a general assumption on the development of urban housing demolition in China.
【学位授予单位】：云南财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F299.2
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