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Study Of Land Expropriation Legal System

Posted on:2006-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:J G YanFull Text:PDF
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Land is the fundamental of politics. The negligence of farmers' ownership of land in the process of urbanization will ultimately cause farmers will lose land and become vagrant, which will prick up the polarization of richness and poverty, hence will menace social stabilization. Land Expropriation is the only means by which collective land enters into land market. Malfunction of the land expropriation mechanism will result in farmers' losing both land and job, which will threaten the social tranquilization and harmonization of countryside and the whole sociality. Therefore, it is urgent to reform and consummate the land expropriation. This thesis deploys research on the basic theory of land expropriation mechanism as follows through painstaking documents summary and theoretic review.Chapter one concentrates on the basic theory of land expropriation, including: the concept, character, theoretic foundation, the study on public interests, the compensation theory of land expropriation. The contents of chapter one can be divided into two sections as follows.Section one firstly defines the concept of land expropriation through comparison with relating concept. Land expropriation is a concrete administrative act that a country compulsorily acquires the rights in rem of a land and its attachment in the need of public interests under the premise of compensation in advance. The emphasis is the deliberate analysis of administrative expropriation, which is most closely related to land expropriation. Then, this section stringently defines the characters and qualities of land expropriation, i.e. the particularity of expropriation subject, the enforceability of the expropriation behavior, the public welfare of the expropriation motive, the redeem of the expropriation behavior, the alteration of the ownership. To avoid confusion, the thesis distinguishes land expropriation with the regularly used land collection which is amended in 2004 at last.Section two mainly delineates the theoretic foundation of land expropriation. The three parts of this section separately discuss the legal theory, public interests and the compensation theory. In the part of legal theory, the author puts forward that the necessity of landexpropriation is the existence of public interests; the feasibility lies on the social obligations of property rights, and the administrative law theory of land expropriation is built on the balance of state powers and citizen rights. The part of public interests theory introduces and analyzes different kinds theories of land expropriation and its different understandings, definitions, criteria in different countries and areas. The part of compensation theory believes that our country should concurrently adopt the theory of public burden and particular immolation.Chapter two focuses on the research of realistic function of land expropriation mechanism. The author appraises the result of land expropriation mechanism at home and abroad through comparative analysis and brings forward suggestion to reform and consummate the disfiguring existing system in China. It set forth in two sections:Section one is review and analysis of land expropriation system. The revelation is based on the historic reviews of land expropriation systems at home and abroad, the disfigurements, problems and its causations are also analyzed in detail in this part.Based on the theory discussed above, section two draws a conclusion of the reform orientation of land expropriation mechanism in accordance with the disfigurement in China from the aspects of principle, condition, process and right redeem etc.Although there is great insufficiency in the existing land expropriation system in China, and some of the disfigurement may be fatal. Even an one-thousand-mile journey is made step by step, therefore, if we take in heart the notion of human orientation, esteem and safeguard human rights, protect rights of property, keep the balance of state power and citizen rights, great progresses will surely be made in the process of harmonious development of between human and nature.
Keywords/Search Tags:land expropriation, land requisition, public interests, due process, compensation of the land expropriation
PDF Full Text Request
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