城市房屋拆迁的合法性及补偿制度研究

城市房屋拆迁实质上是以国家权力为依托,被拆迁人和政府之间强制缔约的经济行为。由于我国法律规定不完善,城市房屋拆迁的前提即对公共利益的评判标准模糊。实际操作中,房屋拆迁的补偿原则、范围、标准以及补偿程序等一度引起人们的质疑和不满。当务之急是从城市房屋拆迁的现状和法学分析入手,通过对实践中房屋拆迁合法性的质疑,结合在城市房屋拆迁的实践中出现的问题力求对相关法律制度的完善提出立法建议。     

房屋征收补偿协议的行政诉讼问题①--以《国有土地上房屋征收与补偿条例》第25条为视点

房屋征收补偿协议是一种行政合同,按其属性应纳入行政诉讼。但问题在于,现行行政诉讼制度不能容纳这一诉讼类型：原告资格、协议效力、诉讼竞合、证据规则、判决种类等方面都提出了新的要求。这些问题认识不清,已造成实务的混乱和理论的争议。那么,目前实务上需要哪些调整,未来行政诉讼法又需要哪些方面突破,这些都要在行政诉讼新类型制度上来解释,并且在契约行政与合作治理的理论背景下来考察。     

论我国房屋征收的社会稳定风险评估机制的功能定位及其架构——一个风险规制的行政法学视角

我国房屋征收领域已经存在系统的社会风险。作为政治系统对法律系统的环境影响,重塑征收的合法性应注意房屋征收法制中社会稳定风险评估机制的功能定位;凝聚价值共识、扩大公众参与、注重反思理性应当成为房屋征收社会稳定评估机制的架构基础。     

拍卖、招标在国有建设用地使用权出让中的利弊研究

抑制房价过快上涨一直是当前宏观调控的重要目标之一。而地价作为组成房价的重要部分,其上涨状况直接关系到房价的调控效果。针对目前地价不断上涨的状况,国家草拟了《深化国有建设用地有偿使用制度改革实施方案》,已上报国务院审批实施。文件的主要内容是要对当前国有土地出让手段中拍卖和招标的比例进行调整,降低拍卖在土地出让总量中的比例、提高招标的比例,希望通过这一手段起到抑制地价的作用。然而,地价的上涨是一个复杂的过程,拍卖和招标作为两种出让手段,确实在其中发挥了一定的作用,但是其对地价的真正影响仍需要检验。同时,考虑到二者在出让过程中公开性上的差异,笔者认为,不能轻易调整二者比例,而是需要经过详细的比较验证过程。本文拟通过比较拍卖、招标两种土地出让方式在对推动地价上涨的效果、出让过程的公开透明度以及对土地价值实现程度的影响程度,分析推动地价上涨的其他原因,进而客观评价拍卖、招标作为出让手段的利弊,同时对当前政策给出相关建议。     

商品房买卖面积争议处理

商品房买卖面积争议是商品房买卖合同纠纷的表现形式,对其进行分析和探讨,有利于商品房买卖面积争议处理更为科学合理并保证当事人权利救济途径更加顺畅。     

From dependency to self‐sufficiency: An appraisal of the gateway transitional families program

Abstract

This article presents a longitudinal evaluation of the Gateway Transitional Families Program, an innovative self‐sufficiency program designed to help public housing residents leave public housing for their own homes. The evaluation followed participants and a comparison group over six years to isolate program impacts on employment and receipt of Aid to Families with Dependent Children (AFDC), food stamps, and housing assistance.

Many participants dropped out of the program. Difficulty in juggling educational and child‐rearing responsibilities, noncompliance with program or public housing regulations, low wages while in the program, impatience with the length of the program, and staff shortages and turnover contributed to the dropout rate. Those who finished the program experienced modest increases in income, decreases in receipt of AFDC and food stamps, and reduced reliance on housing assistance relative to comparison group members. Furthermore, graduates were more likely than comparison group members to have bought a home.     

Moving out of poverty: Expanding mobility and choice through tenant‐based housing assistance

Abstract

Historically, federal housing policy has contributed to the concentration of poverty in urban America. Moving out of poverty is not the right answer for every low‐income family, but tenant‐based housing assistance (Section 8 certificates and vouchers) has tremendous potential to help families move to healthier neighborhoods. This article explores the role of tenant‐based housing assistance in addressing the problem of concentrated inner‐city poverty.

The Section 8 program by itself does not ensure access to low‐poverty neighborhoods, particularly for minority families. Supplementing certificates and vouchers with housing counseling and search assistance can improve their performance; a growing number of assisted housing mobility initiatives are now in place across the country. The U.S. Department of Housing and Urban Development (HUD) should continue to fund these initiatives and increase their number over time. HUD should also strengthen incentives for all housing authorities to improve locational outcomes in their Section 8 programs.     

The redevelopment of distressed public housing: Early results from HOPE VI projects in Atlanta,Chicago, and San Antonio

Abstract

The redevelopment of distressed public housing under the Urban Revitalization Demonstration Program, or HOPE VI, has laudable social, physical, community, and economic goals. Three public housing projects in Atlanta, Chicago, and San Antonio demonstrate the complexity and trade‐offs of trying to lessen the concentration of low‐income households, leverage private resources, limit project costs, help residents achieve economic self‐sufficiency, design projects that blend into the community, and ensure meaningful resident participation in project planning.

Although worthwhile and ambitious, HOPE VI cannot achieve all these goals. More of them can be achieved by developing strategies related to the strength of the local real estate market. To that end, the U.S. Department of Housing and Urban Development and public housing authorities must use the market‐based tools in the Quality Housing and Work Responsibility Act of 1998. Standards for improved physical design and resident participation and further research on critical supportive services for residents are also needed.     

The Use of Rental Housing Assistance by Immigrants in the United States and New York City

Abstract

The large influx of immigrants to the United States and New York City from poorer countries has sparked considerable debate as to whether immigrants are becoming a “public charge” to American society. Most arguments have centered around immigrants’ use of cash assistance programs. This article compares immigrants’ receipt of rental housing assistance with that of native‐born Americans.

Bivariate analyses reveal that immigrants, as a group, are no more likely than native‐born households to use any form of rental housing assistance. Indeed, in most instances immigrants are less likely than native‐born households to receive assistance, with two exceptions: immigrants who have been in the United States since 1970 and immigrants from the former Soviet Union in New York City. Multivariate analyses reveal similar results, except that immigrants who have been in the United States since 1970 are no more likely than other immigrants to receive housing assistance when we control for other factors.