城市房屋拆迁中的物权保护
发布时间：2018-08-23 11:00
【摘要】：随着我国社会主义经济的不断深入,房地产业得到了前所未有的发展。我国始于20世纪90年代的大规模城市扩张,一些地区旧城区翻新改造、扩建,新区、经济区、开发区的成立,加快了城镇化的进程,中国人置身于房地产建设的滚滚热潮之中,房屋拆迁成为必然。大量的房屋拆迁使居民改善了居住条件的同时,也暴露出了一系列因房屋拆迁引发的深层次矛盾。本应彰显政府关爱的“民心工程”,在某些地方却变成了以赢利为目的,动辄强制执行的“扰民工程”。这种现象不容忽视。 十几年来,国家和地方先后制定了许多拆迁安置和补偿的法规和规章,但并没有从根本上解决房屋拆迁补偿中的纠纷,不能完全从根本上保证被拆迁人的利益。究其根源,在房屋拆迁中缺乏制度化以有力的保护物权是一个关键原因。 现在《物权法》已经生效并实施,具备了保护物权的一个更好的制度条件,为了配合《物权法》的相关规定,同时,也为了解决在拆迁中存在的诸多问题和引发的社会矛盾,规范国有土地上房屋征收与补偿活动,维护社会公共利益,从而保障被征收房屋所有权人的合法权益,2011年1月21日,国务院根据《物权法》,制定并公布实施了的《国有土地上房屋征收与补偿条例》(以下简称《新条例》) 该《新条例》的实施对我国房屋拆迁中的物权保护提供了一个更为有利的制度条件,也给被拆迁人提供了更加能维护自身合法权益的救济渠道,是进一步规范国有土地上房屋征收与补偿活动、保障房屋被征收人合法权益的重要举措,也是深入贯彻落实科学发展观、促进经济社会全面协调可持续发展、构建社会主义和谐社会的必然要求。《新条例》给城市房屋拆迁领域带来的影响是巨大的,也是深远的。它将促使法律体系的完善,平息实践中的争议。 本文分为四大部分,第一部分是城市房屋拆迁中物权保护基本问题,第二部分是城市房屋拆迁中对被拆迁人物权的侵害,第三部分是我国相关立法对被拆迁人物权保护的现状,第四部分是完善被拆迁人的物权保护的立法建议。本文的主要观点是在《国有土地上房屋征收与补偿条例》新颁布的情况下如何进行城市房屋拆迁中的物权保护。
[Abstract]:With the deepening of socialist economy in our country, real estate industry has got unprecedented development. The large-scale urban expansion that began in the 1990s in China, the renovation, extension, establishment of new districts, economic zones, and development zones in some regions has accelerated the process of urbanization. The Chinese are in the midst of a rolling upsurge in real estate construction. The house demolition becomes inevitable. A large number of house demolitions not only improve the living conditions, but also expose a series of deep contradictions caused by house demolition. In some places, the "project of popular support", which should show the government's care and care, has become a "nuisance project" for profit purposes and is easily enforced. This phenomenon cannot be ignored. In the past ten years, the state and the local government have formulated many laws and regulations of resettlement and compensation, but they have not fundamentally resolved the disputes in the compensation of house demolition, and can not completely guarantee the interests of the people who have been demolished. The root cause is the lack of institutionalization in house demolition to protect property rights. Now that the property Law has been put into effect and implemented, it has a better institutional condition for the protection of property rights. In order to comply with the relevant provisions of the property Law, it also aims to solve the many problems and social contradictions caused by the demolition and relocation. Regulate the collection and compensation of houses on state-owned land, safeguard the social and public interests, and thus protect the legitimate rights and interests of the owners of the expropriated houses. On January 21, 2011, According to the property Law, the State Council has formulated and promulgated the "regulations on the Collection and compensation of Housing on State-owned Land" (hereinafter referred to as "the New regulations"). The implementation of the "New regulations" protects the property rights in the demolition and relocation of houses in China. Providing a more favourable institutional condition, It also provides relief channels more capable of safeguarding their legitimate rights and interests. It is an important measure to further standardize the collection and compensation activities of houses on state-owned land and to protect the lawful rights and interests of those who have been expropriated. It is also the inevitable requirement of carrying out the scientific development view, promoting the overall coordinated and sustainable development of the economy and society, and building a harmonious socialist society. The impact of the new regulations on the field of urban housing demolition and relocation is enormous and far-reaching. It will promote the perfection of the legal system and settle the disputes in practice. This article is divided into four parts, the first part is the basic problem of the real right protection in the urban house demolition, the second part is the violation of the real right of the person who was demolished in the urban house demolition, the third part is the current situation of the protection of the real right of the removed person in the relevant legislation of our country. The fourth part is the legislative suggestion of perfecting the real right protection of the removed person. The main point of view of this paper is how to protect the real right in the demolition and relocation of urban houses under the newly promulgated regulations on Housing expropriation and compensation on State-Owned Land.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.2
本文编号：2198883
[Abstract]:With the deepening of socialist economy in our country, real estate industry has got unprecedented development. The large-scale urban expansion that began in the 1990s in China, the renovation, extension, establishment of new districts, economic zones, and development zones in some regions has accelerated the process of urbanization. The Chinese are in the midst of a rolling upsurge in real estate construction. The house demolition becomes inevitable. A large number of house demolitions not only improve the living conditions, but also expose a series of deep contradictions caused by house demolition. In some places, the "project of popular support", which should show the government's care and care, has become a "nuisance project" for profit purposes and is easily enforced. This phenomenon cannot be ignored. In the past ten years, the state and the local government have formulated many laws and regulations of resettlement and compensation, but they have not fundamentally resolved the disputes in the compensation of house demolition, and can not completely guarantee the interests of the people who have been demolished. The root cause is the lack of institutionalization in house demolition to protect property rights. Now that the property Law has been put into effect and implemented, it has a better institutional condition for the protection of property rights. In order to comply with the relevant provisions of the property Law, it also aims to solve the many problems and social contradictions caused by the demolition and relocation. Regulate the collection and compensation of houses on state-owned land, safeguard the social and public interests, and thus protect the legitimate rights and interests of the owners of the expropriated houses. On January 21, 2011, According to the property Law, the State Council has formulated and promulgated the "regulations on the Collection and compensation of Housing on State-owned Land" (hereinafter referred to as "the New regulations"). The implementation of the "New regulations" protects the property rights in the demolition and relocation of houses in China. Providing a more favourable institutional condition, It also provides relief channels more capable of safeguarding their legitimate rights and interests. It is an important measure to further standardize the collection and compensation activities of houses on state-owned land and to protect the lawful rights and interests of those who have been expropriated. It is also the inevitable requirement of carrying out the scientific development view, promoting the overall coordinated and sustainable development of the economy and society, and building a harmonious socialist society. The impact of the new regulations on the field of urban housing demolition and relocation is enormous and far-reaching. It will promote the perfection of the legal system and settle the disputes in practice. This article is divided into four parts, the first part is the basic problem of the real right protection in the urban house demolition, the second part is the violation of the real right of the person who was demolished in the urban house demolition, the third part is the current situation of the protection of the real right of the removed person in the relevant legislation of our country. The fourth part is the legislative suggestion of perfecting the real right protection of the removed person. The main point of view of this paper is how to protect the real right in the demolition and relocation of urban houses under the newly promulgated regulations on Housing expropriation and compensation on State-Owned Land.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.2
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