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A Comparative Study Of The Expropriation Of Property Legislation

Posted on:2011-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:H B HaoFull Text:PDF
GTID:2166360305965395Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China is a modernization of a developing country, for the reunification of expropriation of property, the executive compensation system is yet to be established. The legal system is not perfect, making the expropriation of property when carrying out many of the problems and contradictions, as a result there is no comprehensive law regulating, allowing local governments to steal any loopholes to the exercise of eminent domain law and seriously endanger the legitimate property rights and interests of levy. Stones from other hills may serve to polish jade, We should improve the property of other countries the system of levying a systematic research and study, combined with specific conditions for China to improve the system of levying property, provide useful lessons and inspiration.This article focuses on the systematic comparison and foreign countries and other parts of the property levy system, trying to find some reference to China there is the possibility of system, property to improve our collection system. This paper is divided into four parts, the first part outlines the basic theory of interpretation of the property levy. The second part of property levied on the legitimacy of the premise-the public interest. The third part is the focus of the article, the part of the property levied for the Comparative Study of Laws; divided into four sections, first, the comparison of property expropriation procedure, second, comparison of models of compensation for expropriation of property, once again, the remedies imposed property comparison, finally, after a systematic comparison of the first three sections draw conclusions, that our procedures in the collection, compensation, relief defects.The fourth part is the Perfection of Property Expropriation some suggestions, this part of the main entities of public interest from the complete definition and program design recommendations; on the specification and improve our property collection procedures; and the proposed compensation for expropriation of property in China to implement the market intervention mechanisms, the implementation of fair compensation; important to implement the sustainable resettlement compensation and social security; recommended standardizing administrative relief, the introduction of litigation mechanism; finally, development of a unified "Property Collection Act" the idea.
Keywords/Search Tags:The expropriation of property, Public Interest, Charge compensation, Social Security
PDF Full Text Request
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