It should cancel the system of land readjustment or not is a value judgment, before that, we need a fact judgment, that is, what the realistic reason of readjustment the land? Will we cancel the system of land readjustment? If the conclusion of the fact judgment is cancellation, what to fallow is to give a value judgment: should we cancel it? If the conclusion of fact judgment is not cancellation, we should consider on value judgment that it has proper basis or not. Chapter one of my thesis is the fact judgment of the land readjustment. I analyzed two elements that lead to the land adjustment in reality: one is equalization, another is pure endowment insurance. I think that it is possible to cut off the causal sequence of equalization. And I analyzed the causal sequence of pure endowment insurance, the conclusion is that in reality we can not cut off it, the system of land readjustment has to exist. Chapter two of my thesis is value judgment, I teased the origin of thought of equalization, and criticized its value basis, It's not desirable to implement. I proof that the value basis of pure endowment insurance is the right of survive restricting the right of freedom. But because of "restrictions" directly in our country, I think that on the basis of value judgment we should restrict the land readjustment as far as possible; at the same time, defending to aim at the possible opposite opinions. Chapter three of my thesis is the section of normatively analysis and design. After the fact judgment and value judgment, on the basis of pure endowment insurance, I answer the question that how the land readjustment in rural area to exist in legal norm. The happen of land readjustment lies on request. According to the theory of request that was raised by Mr. WangZejian," Based on which statute ,who can request whom". As far as the problem of land readjustment, it is who can ask for readjust land, readjust land to whom, who can decide readjust land and readjust land on what situation. On the basis of civil law, readjust land on what situation is inscape of land adjustment; who can decide readjust land is the problem that who is the subject of land ownership in rural area; that who can ask for readjust land and readjust land to whom both related to the subject of right for undertaking responsibility for land with remuneration. After commentating these points one by one, I discussed the judicial clause of land readjustment in real law that on draft, and offer my advice to real law. Epilogue is the last section of the thesis. |