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The Study On The Protection Of Peasants'Rights And Interests In Land Expropriate Compensation

Posted on:2006-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z M WangFull Text:PDF
GTID:2156360152482914Subject:Land Resource Management
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In the 1980's, the reformation in china has came into a new developing phase while Urbanization becomes the new developing point of economy. The dimensional formation of Urbanization is the reconstruction of old cities, the exploitation of new city zones, the construction of basal public facilities and the development of the secondary industry and tertiary industry. This consequentially leads to a large amount of agricultural country land turn into constructible urban land. Under active legal regulation system, the only way to carry out this transformation is to expropriate the peasants' lands. At the present time, there are plenty of disadvantages in the expropriation of farming land. Such as the abuse of the power of expropriation, the low level of compensation standard, the chaotic distribution of the interests of the lands, the unemployment of the peasants who lose the farming lands. This made the peasants lost not only the lands, but also the productive materials, the labor objects, the grounds on which they could live and worked, nevertheless they couldn't find new jobs. The low standard of living and the hard survival circumstance put the peasants who lost their lands into a disadvantageous station. They had no lands, no jobs, no social securities. The amount of peasants who lost their lands by expropriation has been forty millions by now, and was forecasted to seventy-eight million until 2030. The problem of how to protect the peasants' rights and interests in expropriation has became such a important problem that it will affect the development of economy and stabilization of the society in China. This thesis adopts academic and demonstrate method to study how to protect the peasants' rights and interests in land expropriation. The distinct characteristic of this thesis is that we start our work from the inconsistency which is opened out by the data analysis. By taking out four hypothesis and demonstrating their, we put forward new and profound point of view on some important issues in this field, Such as how to measure the loss of the peasants' rights and interests in expropriation; what is the fundamental reason of the loss of the peasants' rights and interests; what is the rational rights and interests to the peasants is, and so on. In this thesis I conceived a qualitative model, formed a measure method on the compensation standard. I adapt practical data into the model and had the conclusion that the rational compensate price in the city of H was sixty-eight thousand for each peasant whose land was expropriated, converting into land compensate price is one hundred thousand for each mu. At the same time I also analyzed the government's income from land grant, and pointed out there being payment capacity risk in the rational compensative regulation .The biggest risk was short of payment capital on the government. In this thesis, we drew conclusion by the data analysis as following: First, in land expropriation, it is not appropriate to use the government's income of land grant to measure the loss of the peasants, because there are manifold uses for the land which have been expropriated. Different types of lands have different profit margin. Transferred lands need government pay out expenses and have no income at all , the lands for industry can mostly make both ends meet ,only the commercial lands have high profits. In a whole, the profits which have been gained by the government were only a part of the losses of the peasants. We called this principle as "the relative income for the government to the absolute losses for the peasants". The income that the government won in the expropriate is only a reveal able part of the peasants' losses, and the low-priced industrial lands and the leave-unused lands were the recessive part . So it is most likely much lower if we use the income from the land grant of government to measure the losses of the peasants' rights and interests, meanwhile it is most likely much higher to use the profit margin of the commercial landmeasure the government's cap...
Keywords/Search Tags:alnd expropriation, rights and interests, compensation
PDF Full Text Request
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