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国家分别于2011年1月1日和2012年4月9日出台了《国有土地上房屋征收与补偿条例》和《关于办理申请人民法院强制执行国有土地上房屋征收补偿决定案件若干问题的规定》,原来...
国家分别于2011年1月1日和2012年4月9日出台了《国有土地上房屋征收与补偿条例》和《关于办理申请人民法院强制执行国有土地上房屋征收补偿决定案件若干问题的规定》,原来的《城市房屋拆迁管理条例》随之废止。本文在此背景下,研究我国城市房屋征收过程中出现的各种纠纷及原因。本文以我国城市房屋征收为研究对象,运用对比法和图表分析等方法,发现我国城市房屋征收存在以下问题:一是补偿范围狭窄;二是强制征收相关规定有失公平;三是被征收人缺乏参与机制;四是被征收人要价明显不合理。本文针对以上问题提出了扩大补偿范围、规范强制征收、完善被征收人的参与机制和理性对待被征收人的“无理”行为等解决对策,希望能对我国的征收制度有一些借鉴意义,使房屋征收顺利进行。
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Introduced on January 1, 2011, and April 9, 2012, respectively of the State-owned housing on land expropriation and Compensation Ordinance and on the application of the people's Court for enforcement of State-owned housing on land expropriation compensation regulations on the several problems of decided cases, the urban housing units Management Ordinance repealed accordingly. This article in this context, research on China's urban housing causes disputes and arising in the process of collection. This collection for the study of urban houses in China, using the comparative method and analysis methods, found the collection of urban houses in China has the following problem: one is to narrow the scope of compensation; the second was unfair in its relevant provisions to impose compulsory; three are charged persons lack of participation mechanisms; four is being charged people for ransom is obviously not reasonable. This article for the above proposed expanding the scope of the problem, standard mandatory levy, improving the participation mechanism and rational treatment of expropriated persons were charged people "rude" behavior solutions, hope levy system has some significance to our country, so that the housing levy carried out smoothly.
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The State Council announced “the state-owned land on the housing levy and Compensation Ordinance” and “regulations of some issues about handle and application of people's court can take enforcement to state-owned land on the housing levy and compensation cases" respectively on Jan 1st 2011 and Apr 9th 2012. The former "Urban Housing Demolition Management Regulations" was repealed then. Under the above background,this article is written to study the disputes and causes during the process implement of China urban housing levy. It is addressed by taking urban housing levy as the study object with contrast method and chart analysis method. The existing problems about urban housing levy are following:
1.narrow compensation range;2.lack of equity with the regulations of enforcement levy; 3.expropriated persons are lack of participate mechanism;4. expropriated persons' asking price is obviously improper. To against the above problems ,the article suggests several solutions:expand compensation range, standardize levy enforcement, fullfil expropriated persons' participation mechanism and treat their unreasonable behavior with right sense.It is hoped that the article can bring some references to China housing levy system and achieve a success to housing levy.
1.narrow compensation range;2.lack of equity with the regulations of enforcement levy; 3.expropriated persons are lack of participate mechanism;4. expropriated persons' asking price is obviously improper. To against the above problems ,the article suggests several solutions:expand compensation range, standardize levy enforcement, fullfil expropriated persons' participation mechanism and treat their unreasonable behavior with right sense.It is hoped that the article can bring some references to China housing levy system and achieve a success to housing levy.
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Countries respectively in January 1, 2011 and April 2012 a 9, the houses on the state-owned land tax and compensation ordinance, and on the handle the application to the people's court for compulsory execution houses on the state-owned land acquisition for decide cases some issues of the regulations, the original "urban housing units regulations" then abolished. This article in this context, the research on urban house appeared in the process of all kinds of disputes, and why. This paper in China's urban house collection for the study, using correlation method and chart analysis, found in the urban building collection exist in the following problems: one is the compensation narrow; 2 it is forced to collect relevant provisions is unfair; 3 it is the lack of participation mechanism of the expropriated; Four is expropriated price obviously is not reasonable. This article in view of the above question put forward the expand sphere of compensation and regulate collected compulsively, perfecting the tax collection on the participation mechanism and rational treatment of the expropriated "unreasonable" behavior of measures, in hopes of our collection system has some reference
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The 'Civic Building Relocation Act of Administration 'be bolished while Government carried out ‘HOUSES ON THE STATE-OWNED LAND TAX AND COMPENSATION ORDINANCE’ and ‘ABOUT HANDLE APPLICATION TO THE PEOPLE'S COURT FOR COMPULSORY EXECUTION HOUSES ON THE STAT-OWNED LAND ACQUISITION FOR SOME ISSUES OF DECIDE CASES REGULATIONS’ on January 1st,2011 and April 9,2012 .
Unde this background, this text analyzed these disputes and causes during the case.It focused on urban housing, using the mathods of contact and chart.Then found out such issues:first,the compensation is narrow;second,lack of justce.third, lack of participation mechanism,forth, inreasonable of charge.
The text handled those problems by expansing the scope of compensation, norming the collection compulsively,perfecting house-owner behavior .
Finally, it is the best wishes to our government.
Unde this background, this text analyzed these disputes and causes during the case.It focused on urban housing, using the mathods of contact and chart.Then found out such issues:first,the compensation is narrow;second,lack of justce.third, lack of participation mechanism,forth, inreasonable of charge.
The text handled those problems by expansing the scope of compensation, norming the collection compulsively,perfecting house-owner behavior .
Finally, it is the best wishes to our government.
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