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    爱问知识人网友 | offlineLv19 | 到期时间:2010.03.31 10:52

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城市房屋拆迁,是指拆迁人根据建设规划要求和政府所批准的用地文件,在取得拆迁许可证的情况下,依法拆除建设用地范围内的房屋和附属物,将该范围内的单位和居民(被拆迁人)重新安置,并对其所受损失予以补偿的一系列活动。城市房屋拆迁能否顺利进行,城市房屋拆迁补偿的公平与公正是至关重要的。第一部分,对城市房屋拆迁补偿的相关理论依据(所有权的社会义务原则、公共利益原则、产权理论、保护人权原则、公平正义原则)进行了研究。这是理论基础部分,为后面的论述作好了铺垫。第二部分,通过比较分析美、德、日三国及我国台湾地区、香港特别行政区房屋拆迁补偿制度,得出对我国立法的启示。即(1)征地拆迁特权应被严格限制在服务公益的目的上。虽然对于“公共利益”的理解可能有所偏差,但公共利益的界定应由法律规定,并由法院最终裁决。(2)赔偿的基准尽量达到公正。“公正的赔偿”是征地拆迁的赔偿基准,“公正的赔偿”的根本目标,就是被征者能够达到与征用之前相等的经济条件。(3)当事人程序上的权利,包括得到通知、听取证词、上诉等都有法律保障。第三部分,我国的城市房屋拆迁补偿制度变迁历程分为1991年以前、1991-2001年、2001年以后、2007年《物权法》框架下城市房屋拆迁规定、2010年国务院法制办公布《国有土地上房屋征收与补偿条例(征求意见稿)》之后五个阶段,在描绘其演变轨迹的同时,揭示其变迁特点,并加以评价。第四部分,分析我国城市房屋拆迁补偿制度的内容存在的问题(补偿原则欠公平、补偿范围狭窄、估价缺乏公正性),分析我国城市房屋拆迁补偿制度程序上存在的问题(征收程序不透明、救济程序虚空)。第五部分,针对第四部分我国城市房屋拆迁补偿制度的相关问题,提出如实行完全补偿原则、扩大拆迁补偿范围、补偿局估价、建立拆迁许可听证制度、补偿安置裁决司法化等完善建议。 关键词:城市房屋拆迁;补偿;变迁;完善建议

回答

爱问知识人网友 | offline Lv19 | 回答时间:2010.03.13 03:14 (0) | (0)

没人认真翻译,我来试试看: A construction plan and a land use permit issued by the government are required for urban demolition of existing buildings in a land acquisition and relocation due to it. After obtaining the permit for demolition and relocation, it is by law that the buildings and accessories within the permitted land will be demolished, any organizations and occupants / residents within the land will be relocated, and any loss due to the demolition and relocation must be compensated as part of the activities. It is crucial important to have fair and just compensations so that the demolition and relocation activities can be carried out smoothly. Part I is about the research on the related theoretic basis for the compensations, including the principles of social obligation of ownership, the public interests, property rights, human rights and fairness and justice. These theoretic parts laid foundations for later expositions. Part II is to draw inspiration for our national legislation from a comparative analysis of the compensation regulations and laws for demolition and relocation in the United States, Germany, Japan, and in Taiwan region, Hong Kong SAR of China. This includes (1) Demolition for a land acquisition should be strictly limited to the purpose of public services. Although "public interests" may be understood with deviations, the definition of the public interests should be determined by law, and finally ruling by the court; (2) The basis for compensation must be achieved as fair as possible. "Just compensation" is the benchmark for land acquisition, the fundamental goal of "just compensation" is to achieve the same economic conditions as the resident(s) in the land could have achieved without the loss of the land. (3) The procedural rights of the persons involved or affected must be protected by law. These include the right to be informed, to hear witness, to appeal in the court, etc. Part III is about China's urban house demolition compensation system changes. It has experienced the following 5 periods: prior to 1991, 1991-2001, post 2001, regulations for urban housing demolition and relocation under the framework of the “Property Law” set in 2007, after public announcement of by the Legislative Affairs Office of the State Council in 2010. By describing the evolution path of these periods, the characteristics of the changes are revealed and assessed. Part IV is to analyze the problems existed in the contents of China’s urban housing demolition and relocation compensation system (some unfairness existed in the compensation, compensation for narrower scope than deserved, lack of impartiality in evaluation), and to analyze the problems existed in the implementation procedure of the system (Levy procedure is not transparent, and lack of relief programs) Part V is to suggest comprehensive proposals based on the analysis on related issues of China's urban housing demolition compensation system in Part IV, such as implementation of full compensation principle, expanded scope of relocation compensation, evaluation mechanism by Compensation Bureau, establishment of a hearing system for the demolition permit, ruling judicialization of compensation and resettlement. Key words: urban housing demolition and relocation; compensation; evolution; comprehensive proposal

爱问知识人网友 | offline Lv19 | 回答时间:2010.03.12 19:03 (0) | (0)

用谷歌自动翻译的 Urban housing demolition refers to the demolition request and under construction plan approved by the Government land documents, in obtaining the demolition permit, the removal of construction land in accordance with law within the housing and appurtenances, within the framework of the units and residents ( relocated people) resettlement and compensation for their loss to be a series of activities. Urban Housing Demolition can proceed smoothly, urban house demolition compensation for the fairness and justice are essential. The first part of the urban house demolition compensation related to the theoretical basis (the principle of social obligation of ownership, public interest principles, property rights theory, the principle of protection of human rights, equity and justice principles) were studied. This is part of the theoretical basis, in order to prepare the groundwork behind the discussion. The second part, through a comparative analysis of the United States, Germany, and Japan and China, Taiwan, Hong Kong SAR house demolition compensation system, draw inspiration for our national legislation. Namely (1) land acquisition demolition privilege should be strictly limited to service the public good purposes. While "public interest" may be the understanding of deviation, but the definition of public interest provided by law, a final decision by the court. (2) the benchmark as far as possible to reach a fair compensation. "Just compensation" is the benchmark for compensation to land acquisition demolition, "just compensation" the fundamental goal is to be imposed before the person can be achieved with the expropriation of the same economic conditions. (3) he procedural rights, including to be informed, to hear witnesses, the Appeals all have legal protection. Part III, China's urban house demolition compensation system changes into the course prior to 1991, 1991-2001, 2001 years later, in 2007, "Property Law" under the framework of the provisions of urban housing demolition in 2010, the Legislative Affairs Office of the State Council published "state-owned land Housing collection and Compensation Ordinance (draft) "after five stages at the same time depicting its evolution path, revealing the changes in characteristics and evaluation. Part IV, analysis of urban house demolition compensation system for the contents of the existing problem (the principle of compensation owed to fair compensation for a narrow range, the Valuation lack of impartiality), analysis of urban house demolition compensation system for procedural problems in the (collection procedure is not transparent, and relief program void). Part V, for the fourth part of China's urban house demolition compensation system related issues, asked if the implementation of the principle of full compensation to expand the scope of relocation compensation, compensation Bureau of valuation, the establishment of the demolition permit hearing system, compensation and resettlement ruling Justice and so comprehensive proposal. Key words: urban house demolition; compensation; change; comprehensive proposal

爱问知识人网友 | offline Lv19 | 回答时间:2010.03.11 19:31 (0) | (0)

Urban housing demolition refers to the demolition request and under construction plan approved by the Government land documents, in obtaining the demolition permit, the removal of construction land in accordance with law within the housing and appurtenances, within the framework of the units and residents ( relocated people) resettlement and compensation for their loss to be a series of activities. Urban Housing Demolition can proceed smoothly, urban house demolition compensation for the fairness and justice are essential. The first part of the urban house demolition compensation related to the theoretical basis (the principle of social obligation of ownership, public interest principles, property rights theory, the principle of protection of human rights, equity and justice principles) were studied. This is part of the theoretical basis, in order to prepare the groundwork behind the discussion. The second part, through a comparative analysis of the United States, Germany, and Japan and China, Taiwan, Hong Kong SAR house demolition compensation system, draw inspiration for our national legislation. Namely (1) land acquisition demolition privilege should be strictly limited to service the public good purposes. While "public interest" may be the understanding of deviation, but the definition of public interest provided by law, a final decision by the court. (2) to reach a fair compensation for the benchmark as far as possible. "Just compensation" is the benchmark for compensation to land acquisition demolition, "just compensation" the fundamental goal is to be imposed before the person can be achieved with the expropriation of the same economic conditions. (3) he procedural rights, including to be informed, to hear witnesses, the Appeals all have legal protection. Part III, China's urban house demolition compensation system changes into the course prior to 1991, 1991-2001, 2001 years later, in 2007, "Property Law" under the framework of the provisions of urban housing demolition in 2010, the Legislative Affairs Office of the State Council published "state-owned land Housing collection and Compensation Ordinance (draft) "after five stages at the same time depicting its evolution path, revealing the changes in characteristics and evaluation. Part IV, analysis of urban house demolition compensation system for the contents of the existing problem (the principle of compensation owed to fair compensation for a narrow range, the Valuation lack of impartiality), analysis of urban house demolition compensation system for procedural problems in the (collection procedure is not transparent, and relief program void). Part V, for the fourth part of China's urban house demolition compensation system related issues, asked if the implementation of the principle of full compensation to expand the scope of relocation compensation, compensation Bureau of valuation, the establishment of the demolition permit hearing system, compensation and resettlement ruling Justice and so comprehensive proposal. Key words: urban house demolition; compensation; change; comprehensive proposal

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