| China's economic developing rate is keeping the world's record these years. Andnow she continues fastening its industrialization and urbanization. With the economicdevelopment and overspreading of development zone, "the new three problems ofagriculture" is paying more and more attention to. Urbanization is a so important levelto accelerate the economic development and social progress, in which the primaryproblem is to change the way of using land. In the current legal structure of China, thecountry land can not enter the market to gain increment by selling, until beingconfiscated. Just in the process, the peasants' property rights are violated collectively,so the problems of land confiscation and peasant allocation come along. Recently, with the speedup of urbanization, the conflict between currentconfiscating system and market economy stands out more and more. The problem ofpeasant allocation comes to a focus of "the new three problems of agriculture". Theoutstanding conflict and problem discovered in the confiscating process mainly focuson the two points: one is, that the property right of land still hasn't confirmed in deed,the compensatory scope of confiscating farming land is so limited and inadequate, thedistribution of land increment income is extremely unreasonable. Another is that therange of land confiscating is too broad, which hasn't been restricted strictly in publicbenefit. In the procedure of land confiscating, almost all the decisions, such as thedecision of confiscating, the standard of compensation, and the allocation of peasants,are made by the government and units who using the land, while the peasant's statusis passive. Now, the mass incidents which activized by the confiscating conflictalways happened. A great deal of peasants who lost their land become "three-withoutbummers", which means "without land, without job, without social security". This article is divided into 3 chapters. Except the introduction and conclusion, theother chapters' structure is as followed: Chapter 1: firstly, introduce the theory of our country's land confiscating andcompensation system briefly. Secondly cast back the historical background anddeveloping track of our country's land confiscating system, to understand andevaluate the current land confiscating system more objectively. Thirdly, analyze theproblems existing in the land confiscating practice deeply. The two main points is:one, the cognizance and protection of the property right of land are not so good;another, sufficiency to the purpose, procedure and judicial review of land confiscatingis not enough. Chapter 2: In accordance to the investigative information of HaiShu section, 1NingBo, analyze the local basic situation and problems reflected in the process of landconfiscating, from two point of view, that is protection of property right and guaranteeof even procedure. Chapter 3: expatiate my opinion to the improvement of social security system andjudicial review system. The main analysis is about the judicial review system inland confiscating process from three points of view: confiscating purpose,compensation standard and procedure. After the analysis of all those chapters, the author believe that the most importantproblem of land confiscating in China is how to distribute the fortune and welfare theland created among the areas, groups and individuals, also including the distributionbetween current consuming and fortune investment. Now we must reform the landconfiscating system, improving confiscating procedure. All the constructional using ofland must be limited strictly in the programming area, which can't be broken,modified or adjusted randomly. We must set down a reasonable confiscatingcompensation standard and a price hearing of witnesses system, carry out the policyof peasant allocation in time. We also must improve the confiscating pr... |
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