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Compensatory System Of Chinese Land Expropriation

Posted on:2007-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:G T WuFull Text:PDF
GTID:2166360185469146Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Social problems arising from land expropriation become more serious in our country these years, protecting the right of farmers whose farmland was expropriated also become the focus. "2005 : Analysis and Forecast of China's Social Situation" written by the group of Analysis and Forecast of Social Situation from the Chinese Academy of Social Sciences thought our country is facing seven aspects social problems and land expropriation issues take the premier place. There have been 40 millions farmers lost farmland and several millions increase every year. If land expropriation issues are not well resolved, it will become a major problem affecting social stability. Authoritative data said 65% of national rural group incidents were caused by land expropriation.In the final analysis, the problem of land expropriation is due to imperfect compensatory system of land expropriation. What is in urgent need of reform contains very low standard of compensation, narrow the scope of compensation and inflexible manner of compensation. The purpose of this thesis is to seek a approach to improve the compensatory system of land expropriation in this thesis. This thesis is based on actual status and problem and will learn experiences and system from Taiwanese region and other foreign countries.This thesis is divided into three chapters.Compensatory system of Chinese land expropriation is summarized in first chapter. It mainly introduces basic theory of compensation for land expropriation and the law about it in our country. The author also analyzes the problems, reasons and hazards about compensation for land expropriation in this chapter.The second chapter mainly introduces compensatory system of land expropriation in Taiwanese region, Japan and Germany. The four aspects about compensation for land expropriation including principles, scope, standards and manner are introduced. Because their systems are relatively perfect and law is sound, it is helpful to improve our system by learning theirs.Countermeasure is discussed to improve compensatory system of Chinese land expropriation in the third chapter. First of all, the direction of improving compensatory system of land expropriation is confirmed. It need to stipulate the principle of compensation for land expropriation in the Constitution, raise standards of compensation for land expropriation , expand the scope of compensation for land expropriation, enrich the manner of compensation for land expropriation. The basic measure to improve compensatory system of land expropriation is discussed in the last three sections, including compensating for management right of contracting farmland, building up...
Keywords/Search Tags:compensation for land expropriation, compensation by market price, management right of contracting farmland, the market of rural land, property right of rural land
PDF Full Text Request
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