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An Analysis Of Rural Land Expropriation Compensation System And Its Perfection

Posted on:2008-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:F S ZhangFull Text:PDF
GTID:2166360215957367Subject:Law
Abstract/Summary:PDF Full Text Request
Urbanization is an important sign of the progress of human civilization, as well as the objective pursuit of socio-economic development. Since the 1990s, with the accelerated pace of reform and opening up, the process of urbanization and the increase in demand for our land, rural collective land ownership changed into the state collective land ownership. But the vital interests of farmers whose land were expropriated have been unable to be protected. Many fanners lost their survival land, became "unemployed , no land and without Social Security" three non-farmers , and caused to lower their living standards. Land expropriation compensation issue has become one of the most important factors which impact on socio-economic development and national long-term stability and one of great obstacles in the process of building "harmonious society".Therefore,land expropriation compensation issue related to the rural stability ,the country's economic development and the social harmony. It is not only a legal issue, but a social problem. It is not only an economic problem, but a political issue. Perfecting the land expropriation compensation system is of far-reaching significance and practical significance of the times.The spirit of the two sessions this year is the people's livelihood.Therefore, based on this heated issue, this paper analyses the widespread problems of current rural land expropriation compensation with theoretical analysis method and empirical analysis method and puts forward my own immature proposals and ideas. Besides the introduction and conclusion,the full paper is divided into three parts:Part one is a general overview of the land expropriation compensation syetem. Based on the "Constitution" and "Real Right Law", the paper defines the concept of the land expropriation compensation , explains the legal features of land expropriation compensation,introduces the theoretical basis for the land expropriation compensation and describes the basic principles of the land expropriation compensation in the visual form.Part two is the land expropriation compensation on-spot investigation. The paper investigated the land expropriation compensation criteria and hearing in Ningdu county in Jiangxi province ,visited the landless peasants and got a lot of first-hand information. Based on the research, the paper analyses the problem.Part three is to perfect the land expropriation compensation system. In view of the common problems in the process of rural land expropriation compensation ,the paper put forward the land expropriation legislative proposals: to raise the compensation standards,to expande the scope of compensation and to give to the fanners concerned agricultural development, the fruits of reform and development results.According to "Real Right Law",they should be ensured the social security rights in three aspects of the security way ,security funds and security level. The "people-centered and people-oriented"should adhere to. Hearing as the compulsory pre-process which can express their will and safeguard their interests should be designed and institutionalized.
Keywords/Search Tags:The countryside, Land expropriation compensation, Land development right, Social security right, Hearing right
PDF Full Text Request
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