Dissertation > Political, legal > Legal > Chinese law > Land Law

On Individual’s Right Base of the Beneficial Conflicts in Land Impose and House Shift

Author ZhuHuiQiang
Tutor FuZiTang
School Southwest University of Political Science
Course Legal
Keywords shifts and moves public interests individual’s benefits individualism
CLC D922.3
Type Master's thesis
Year 2010
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Throughout history, land and housing are all citizens of the land attached to an important production and subsistence, with the 1988 Amendments to the Constitution of the land and the increasing emergence of non-public housing common, and the solidification of the citizens of the land in terms of labor value or from the legal form of nature and the individual citizen has both a great association. However, the development of state and society and inevitably to land expropriation and house demolition, relocation disputes contained in the collection and two conflicts of interest in the game client will become inevitable. Because the absence of relevant laws or absent, in the interests of individual citizens often become weak game, which triggered a series of vicious negative impact on a great event, a serious impediment to the pace of building a harmonious society, the problem is urgent, had to solve. Ever since, some scholars direct "letter" National People’s Congress, called for the introduction of the concept of public interest, to the line removal procedure. However, the concept of public interest, the nature of property itself is ambiguous, only the introduction of the concept cannot fundamentally solve the problem. Therefore, I propose to limit the individual interests of the public interest to guide the legitimate public interest, individual interest, a combination of both into a community of interests, then this community of interests as the basis, a strong judicial remedy for the support, build a new collection and removal system. Finally, I attempt to go beyond the problem itself, from the concept of individualism, historical development and the core values of the individual aspects such as doctrine, seeking to build a "new face" of individualism, leaving the society should be subject to attention and promotion.

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