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Research On The Existing Agricultural Land-request Compensation System In Our Country

Posted on:2011-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:T T HuFull Text:PDF
GTID:2166360305481372Subject:Law
Abstract/Summary:PDF Full Text Request
With the establishment and improvement of the socialist market economic system, the comprehensive national strength of our country has markedly increased since reform and opening up. However, in recent years, the social concern has gradually shifted from rapid economic growth to a series of social problems brought by it. And because of the scarcity of land resources, the accelerated process of urbanization, the imperfection of agricultural land requisition system and other factors, the problem of agricultural land requisition is becoming the focus of social concern. On the occasion of the amendment of "Land Administration Law of the People's Republic of China " and construction of relevant laws and regulations system, the author chooses the exsiting agricultural land-request compensation system as research topic. Basing on current situation and general theory of agricultural land-request compensation system, this paper analyzes the system deficiencies of the principle, the standards and the compensation methods of the exsiting agricultural land-request compensation system respectively and meanwhile tries to improve the three aspects.This paper is divided into five parts:The first part mainly introduces the background, significance of the topic and research content of this paper.The second part focuses on the general theory of agricultural land-request compensation system and introduces historical evolution of it in our cuntry. By defining the relevant concepts like"agricultural land requisition","landless farmer","agricultural land-request compensation"and"compensation standards", analyzing the relevant academic theories comparatively, and summing up the legislative process of the agricultural land-request compensation system, this section concludes that the construction of agricultural land-request compensation system in our country should be based on the theories of"equal public burden"and"special sacrifice".By refering to the theories and practice at home and abroad, the third part, as the first research focus, tends to put forward proposals to improve the principle of the exsiting agricultural land-request compensation system in our cuntry after analysing its defects. For the principle of compensation in our cuntry has the defects as lacking of legislation about it and tending to choose the non-fully compensation principle in practice, this paper suggests selecting the fair and equitable principle of compensation and including it in the area of fundamental law legislation, in order to conduct the operation of agricultural land-request compensation work and protect the interests the landless farmers.The forth part, as the second research focus, is mainly about the standards current agricultural land requsition compensation is the second study. Combining the methods of theoretical analysis and empirical analysis, this part analyzes some issues in the existing agricultural land-request compensation standard as the narrow compensation range, the low standard and so on in detail, and suggests adjusting the compensation subjects by adding the compensation for the land use rights and land development rights, establishing land-request compensation accounting base which mainly on the market value and supplementally on the government price regulation, and promoting the method of measuring the compensation standard of integrated land area to construc a scientific and rational agricultural land-request compensation standard.The fifth part as the third and final focus of this paper is mainly about the defects of the existing agricultural land-request compensation mode and the improvement of the mode. In this section, by analyzing the existing fuzzy legislation of compensation distribution and resettlement mode and learning from reasonable compensation distribution and resettlement mode in practice, the author proposes a progressive payment mode of compensation fee and diversified compensation resettlement modes and suggests that the duty of our government in the agricultural land-request compensation mechanism, especially in the improvement of social security system for the landless farmers which mainly includes the basic old-age insurance system should be made explicit.
Keywords/Search Tags:Land Requisition, Agricultural Land-request Compensation, Compensation Principles, Compensation Standards, Compensation Resettlement Mode
PDF Full Text Request
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