城镇化背景下房屋拆迁的公共安全问题研究
发布时间：2019-03-19 10:33
【摘要】：房屋拆迁的公共安全问题是指房屋拆迁工作中被拆迁人以个体或群体形式采取非常手段维护自身利益，使他人的生命权和财产权置于危险状态，，给公共安全秩序造成威胁或破坏的问题。所谓“非常手段”包括自焚、自残、杀害他人等个人极端行为，以及非法游行、上街拦路、围攻政府、打砸抢烧等群体性公共事件。这些“非常手段”，都是房屋拆迁工作中可能引发的公共安全问题的具体表现。 随着我国城镇化进程的全面深化，房屋拆迁工作作为城镇化的重要环节会越来越多发，由房屋拆迁工作引发的公共安全问题也将越来越突出。如果不能妥善处置房屋拆迁可能引发的公共安全问题，必定会严重影响城镇化的顺利推进以及整个社会的和谐稳定。 房屋拆迁的公共安全问题具有突发性、对抗性和不确定性等特点，主要涉及法律法规、地方政府管理、拆迁补偿制度、拆迁评估机制、被拆迁人权益保护等方面的原因。因此，要从完善房屋拆迁的相关法律法规、明确地方政府在房屋拆迁工作中的职责、加强政府应急处置能力的培育、健全房屋拆迁的补偿制度、规范房屋拆迁的评估机制、强化公众的参与、保护被拆迁人基本权益等方面，来努力解决房屋拆迁可能引发的公共安全问题，以顺利实现城镇化目标。 本文对房屋拆迁中可能引发的公共安全问题的研究主要是从以下四个方面具体展开的：一是房屋拆迁引发公共安全问题的背景，包括城镇化背景和房屋拆迁背景；二是房屋拆迁引发公共安全问题的表现形式及特点，并重点阐述众多特点中的突发性、对抗性和不确定性；三是房屋拆迁引发公共安全问题的主要原因，包括法律法规方面的原因、地方政府方面的原因、拆迁补偿方面的原因、价值评估方面的原因和被拆迁人方面的原因；四是应对房屋拆迁引发公共安全问题的对策建议，包括完善房屋拆迁的相关法律法规、明确地方政府在房屋拆迁工作中的职责、加强政府应急处置能力的培育、健全房屋拆迁补偿制度、规范房屋拆迁评估机制和强化公众参与制度。
[Abstract]:The public safety problem of house demolition means that in the work of house demolition, the person who is dismantled takes the form of individual or group to protect his own interests and put the right to life and property right of others in a dangerous state. A problem that threatens or destroys public security order. The so-called "extraordinary means" include personal extremes such as self-immolation, self-harm, killing others, as well as illegal marches, street blocks, siege of the government and mass public incidents such as smashing, smashing and burning. These "extraordinary means" are the concrete manifestation of the public safety problems that may arise in the process of house demolition. With the deepening of urbanization in China, the work of house demolition, as an important part of urbanization, will be more and more frequent, and the public safety problems caused by house demolition will also become more and more prominent. If the possible public safety problems caused by house demolition can not be properly dealt with, the smooth progress of urbanization and the harmony and stability of the whole society will be seriously affected. The public safety problem of house demolition has the characteristics of sudden, antagonistic and uncertain. It mainly involves the reasons of laws and regulations, local government management, demolition compensation system, demolition evaluation mechanism, and the protection of the rights and interests of the people who have been dismantled. Therefore, it is necessary to improve the relevant laws and regulations of housing demolition, to clarify the responsibilities of local governments in the work of housing demolition, to strengthen the cultivation of government emergency disposal capacity, to improve the compensation system for house demolition, and to standardize the evaluation mechanism of house demolition. To strengthen the public participation and protect the basic rights and interests of the dismantled people in order to solve the possible public safety problems caused by the demolition of houses in order to achieve the goal of urbanization smoothly. In this paper, the possible problems of public security caused by house demolition are studied from the following four aspects: first, the background of public security problems caused by house demolition, including urbanization background and housing demolition background; The second is the manifestation and characteristics of public safety problems caused by house demolition, with emphasis on the outburst, antagonism and uncertainty of many characteristics; The third is the main causes of public safety problems caused by house demolition, including the reasons of laws and regulations, the reasons of local government, the reasons of compensation for demolition, the reasons of value evaluation and the reasons of people who have been dismantled; Fourth, countermeasures and suggestions to deal with the public safety problems caused by house demolition, including perfecting the relevant laws and regulations of house demolition, clarifying the responsibilities of local governments in housing demolition work, and strengthening the cultivation of the government's ability to deal with the problem of emergency response. We will improve the compensation system for housing demolition, standardize the evaluation mechanism for housing demolition and strengthen public participation.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D63;F299.23
本文编号：2443438
[Abstract]:The public safety problem of house demolition means that in the work of house demolition, the person who is dismantled takes the form of individual or group to protect his own interests and put the right to life and property right of others in a dangerous state. A problem that threatens or destroys public security order. The so-called "extraordinary means" include personal extremes such as self-immolation, self-harm, killing others, as well as illegal marches, street blocks, siege of the government and mass public incidents such as smashing, smashing and burning. These "extraordinary means" are the concrete manifestation of the public safety problems that may arise in the process of house demolition. With the deepening of urbanization in China, the work of house demolition, as an important part of urbanization, will be more and more frequent, and the public safety problems caused by house demolition will also become more and more prominent. If the possible public safety problems caused by house demolition can not be properly dealt with, the smooth progress of urbanization and the harmony and stability of the whole society will be seriously affected. The public safety problem of house demolition has the characteristics of sudden, antagonistic and uncertain. It mainly involves the reasons of laws and regulations, local government management, demolition compensation system, demolition evaluation mechanism, and the protection of the rights and interests of the people who have been dismantled. Therefore, it is necessary to improve the relevant laws and regulations of housing demolition, to clarify the responsibilities of local governments in the work of housing demolition, to strengthen the cultivation of government emergency disposal capacity, to improve the compensation system for house demolition, and to standardize the evaluation mechanism of house demolition. To strengthen the public participation and protect the basic rights and interests of the dismantled people in order to solve the possible public safety problems caused by the demolition of houses in order to achieve the goal of urbanization smoothly. In this paper, the possible problems of public security caused by house demolition are studied from the following four aspects: first, the background of public security problems caused by house demolition, including urbanization background and housing demolition background; The second is the manifestation and characteristics of public safety problems caused by house demolition, with emphasis on the outburst, antagonism and uncertainty of many characteristics; The third is the main causes of public safety problems caused by house demolition, including the reasons of laws and regulations, the reasons of local government, the reasons of compensation for demolition, the reasons of value evaluation and the reasons of people who have been dismantled; Fourth, countermeasures and suggestions to deal with the public safety problems caused by house demolition, including perfecting the relevant laws and regulations of house demolition, clarifying the responsibilities of local governments in housing demolition work, and strengthening the cultivation of the government's ability to deal with the problem of emergency response. We will improve the compensation system for housing demolition, standardize the evaluation mechanism for housing demolition and strengthen public participation.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D63;F299.23
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