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Research On Current Land Acquisition System Of China

Posted on:2011-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
GTID:2166360305950354Subject:Law
Abstract/Summary:PDF Full Text Request
Land has always been a farmer's survival and development and of an important means of production, but at this stage as the process of urbanization intensifies, more and more farmers get land rights had been violated, and the right to subsistence and development are threatened. Land acquisition system is the only way to change the collective ownership of land, if the land acquisition system to run properly, would seriously endanger the interests of social stability , so as not to the realization of well-off society and the establishment of a harmonious society.Part one introduces the basic theory of land expropriation system, including the concept of acquiring land, land features, as well as adhere to the principle of land expropriation. First, through comparison of land expropriation and requisition, as well as our previous and present land acquisition provisions, leads to the concept of land acquisition. It refers to the State under the public interest to compensate for the mandatory requirements to obtain other people's land ownership behavior. Through the understanding of the concept has come to the characteristics of land acquisition should be the guiding principle.Part two discusses the main elements of the basis for land acquisition, Firstly it must based on public purpose; Secondly, it must meet the statutory procedures; and thirdly, the need for resettlement compensation; Finally, after the arrangements to conduct the necessary relief. Specifically, first of all, the elements in the author proposed for public purposes, land must be the only element of public interest, Secondly, the elements in the program, the author emphasized that land acquisition procedures for lawful, reasonable assurance is also an important factor in peasant land rights. Finally, the author introduces a very important element:resettlement compensation element. After the collection of the farmers land settlement, not only to ensure that existing rights are not against the farmers,also need to ensure that farmers in the future survival and development issues. Thus introduct the elements of land acquisition compensation schemes. The interests of the peasants were levied if the land had been infringed in the process, farmers can use legal weapons to protect their legitimate rights and interests.Channels which farmers can protect their own rights is through our legal provisions, such provisions for farmers, means that the top, followed by the author from the administrative remedies and judicial relief on two fronts in detail.Part three mainly analyse the research of the land system defects and the resultim harm, section one leads to the problems of China's land expropriation and thus leads to th resulting harm.Section one focuses on the phenomenon of China's current land acquisition problem which focuses on the land and more land chaos, land conflicts with problems. In section the author focuses primarily on land acquisition because of irrational behavior brough about by a series of instability.Partâ…£focuses on the land expropriation system in our country perfect. It is necessar to clear the guiding ideology of charge, but also refine the principles of land, regardless ideology or guiding principles are reflected in specific legal systems for sound.
Keywords/Search Tags:land acquisition, the public interest, land acquisition compensation
PDF Full Text Request
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