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Research On The Rural Land Expropriation Compensation In China

Posted on:2016-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ZhaiFull Text:PDF
GTID:2296330464969193Subject:Science of Law
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With the continuous progress of our country economy and the acceleration of industrialization process,based on the construction of infrastructure and public interest for the consideration of the demand for land is more and more big,rural collective land expropriation in increasingly frequent.Cause of he rural land expropriation compensation system in many aspects of the unreasonable provisions,the number of social conflicts triggered by land expropriation compensation problem is surging,become one of the main causes of the contradiction between the government and farmers,directly impact the vital interests of farmers,and indirect impact China’s rural economy,sociology and the stable and sustainable development of Agriculture.”Three dimensional rural issues “is one of the core contents which need to be solved urgently in the development process of our country,properly solve the existing problems in the compensation system of land expropriation can effectively alleviate the rural land expropriation compensation caused by all kinds of social contradictions and achieve beneficial to China in 2020 to create a harmonious society.The main body of China’s rural land system of expropriation and compensating is the state, the collective and the individual.The problem with this rule is the starting point of a series of problems of expropriation and compensation system,this situation is due to our country for a long time the rural land ownership is not clear.Through the practice of survey,The reason that so many contradictions and disputes is in the process of land expropriation the land expropriated farmers difficult to participate so don’t know the content,also don’t know much about their rights.Payment of land compensation allocated by the government to the collective,then by the collective distribution to farmers, "The collective" ’s joining reduced the number of the amount of compensation to farmers whose land has been expropriated,Eventually lead to farmers was dissatisfaction on the land requisition compensation.In the process of land acquisition compensation when farmers find their own interests were attacked,Provisions of the existing contradictions and disputes is the government which is another subject in the process of land expropriation compensation,self judgment situation led to farmers can not get better protection in the relief of rights and interests,the reasonable demands can not talk,forced to other ways to express.by petition.The paper stating with studying the history and present situation of our country’s land expropriation compensation system,Analysis the value of the reform.Research and analysis of the deficiencies in the existing system in China,such as the principle of compensation, compensation standard, compensation content have been lagging behind.Because of the defects of the announcement system,the poor implementation of policies and other reasons,Cause of farmers whose land has been expropriated is very difficult to participate and safeguard their rights in the process of land acquisition compensation.In summary,I put forward some suggestions through study experience of advanced foreign land expropriation compensation system.For instance,insist on sustainable development principle and the protection of private rights principle,coordinate the relationship between the government and land users and suggestions on setting up fair compensation principle for the compensation system of rural land expropriation in constitution.The details,recommended that enactment <Expropriation And Compensating Of Fural Land System Law>,the law should be levied on the compensation standard, compensation procedures, subsequent resettlement measures, relief system and detailed provisions of other aspects.
Keywords/Search Tags:expropriation compensation, the public interest, compensation system, compensation program, legal relief
PDF Full Text Request
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