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Illegal-Exproprating Of Land In Countryside

Posted on:2010-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:G G ZhuFull Text:PDF
GTID:2166360275453815Subject:Law
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With the rapid progress of economy,city-development and the enlargement of city,the city infrastructure is emerging into countryside.In the process,plenty of land is expropriated. Style life of the people is changing with the increase number of the cities and the conflict between human and land merging too.On one hand,construction needed in the city-development,on the other hand,the work of expropriating meet a lot of difficulties due to the distinctive standard of compensation in different zone in which some governments evade laws to expropriate seriously harming natives 'profit.Therefore,it becomes emergent to protect land,especially the plunging land.Due to the leakiness of legal system,there exist lots of torts to the ownerships of farmers in the activities of land-expropriation.Executive power becomes boundless and farmers 'profit can not be guaranteed,both of which make us reconsider the land-use legal system. Ineffectiveness of constitution,indefinite public interests and illegal intervene of government to land transition are the main facts of the conflict in the land transition.Besides, compensation to the land-expropriation is not high enough and unreasonableness to the farmers who lost their land;and remedy system can not fit the current condition which lead to the result that farmers will not obtain legal remedy.In practice,bridging foreign legislation experience and our own condition,we shall improve our expropriation legal system and policies in which includes expropriating-procedural regulation,ways of movement of farmers, establishing farmers' social insurance system,well-arrangement of farmers who lost their land. In short,legally and rationally land-expropriating is one key aspect of harmonious society-establishment.Village-stableness is special important in the contest of founding socialism new countryside.At present,the number of farmers in China is huge and social insurance in countryside is no improved.Both of them need to be improved urgently.With the open policy adopted,many of workshops constructed need huge piece of land.Those lands were expropriated in the name of public interests.However,what is public interest can not be defined clearly in the field of theory and practice which led to illegally use to expropriate land in practice.Land works as the foundation materials to farmers.Once the land is illegally expropriated,they will loose their living if they can not get enough compensation,while those real-estate enterprisers could make huge profit from the housing-accommodations.Therefore, as the core materials of farmers,land-using system shall be highly stressed both in legal system and policy in order to protect farmers.
Keywords/Search Tags:Land-expropriating, Public Interests, Land-compensation
PDF Full Text Request
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