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The Laws Of The Rural Land Acquisition And Distribution Of Compensation Management System Is Perfect

Posted on:2007-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q YangFull Text:PDF
GTID:2206360185972440Subject:Economic Law
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For various countries in the world, no matter they are developed ones (areas) or developing ones (areas), and no matter what kind of land ownership they employ, private ownership or the public ownership, they are all in possession of land expropriation system, which usually refers to a legal system that the State or the government, for the sake of public interests, acquire lands of other civilian subjects trough public power of compulsory acquisition in accordance with the stipulations of law with certain compensation. The State can expropriate lands with certain compensation for the needs of public interests in accordance of the law according to the 10th provision in "Constitution ". In 1956 agricultural cooperation movement spread the whole country, which changed the peasant land system of ownership to the village collective land ownership. The essence of so-called land expropriation under present law system in our country is the expropriation of collective land, which means that the State deprives the inviolable collective property rights with force based upon the public power. Moreover, it is the only legitimate way for the village collective land to enter the market. However, owing to the oneness of this kind of circulation and the scarcity of the land resources, the benefit conflict in the process of expropriation of village collective land is getting fiercer and fiercer. There are two cores of land expropriation system. One is the expropriation goal, and the other is the expropriation compensation, in which the latter is a headache. The compensating system of land expropriation is not that scientific and sound in that the principles of compensation are irrational, the standards of compensation are unscientific and the scope is nor considerate and so on. The three aspects of deficiency are the key causes of the headache. However, with a new standard for the compensation of land expropriation in existence, the problems mentioned above will be soothed.However, there is certain distance between the consummation and the realization of value of system. In order to provide a full protection for the benefits of peasants whose lands are expropriated, allocation and...
Keywords/Search Tags:Land Expropriation System, Compensation Fee, Trust, Juridical Protection
PDF Full Text Request
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