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Study Of Land Expropriation Legal System

Posted on:2008-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:X YangFull Text:PDF
GTID:2206360242468754Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Land is the basis of people's lives, so protecting land is China's basic national policy. However, since the 1990s, along with the rapid economic development and industrialization, the accelerated process of urbanization, China's demand for land has increased greatly, a great deal of rural collective land has been changed into urban land use. In the process, because of the deficiencies of China's land expropriation system, some localities have such phenomenon as more levies, overcharging levy even the phenomenon of illegal land expropriation, which have caused huge loss of China's arable land, a serious waste of land resources, at the same time, the process of China's land expropriation lacks transparency and the participation of farmers, and the problem of land expropriation compensation and the landless people living security, employment and other issues not been satisfactorily resolved, resulting in social conflicts triggered by land expropriation increasingly acute, collective farmers resisting law, to appeal to an incident as a serious hardship to the development of China's social stability and unity. Therefore, to reform and improve the current land expropriation system is imperative.At present, the problem of land expropriation has become a national focus of attention of the society and, many scholars launched the study from different angles. This paper also tried to research the legal system of land expropriation systematic and depth to clarify the defects of the current legal norms in land expropriation and protection of the rights of landless farmers, and seek a legal system of land expropriation suitable for China's socialism economic development demands, the ultimate achievement of the promotion of socio-economic a sustained, healthy and stable development.This paper is divided into four parts: The first major part is the outline of the land expropriation system. This part has analyzed the concept of land expropriation and legal characteristics, and then compared land expropriation and the land acquisition, the last introduced the country's land expropriation of legislation.The second part focuses on the purpose of the land expropriation, which is the public interest needs. In this part of the meaning of public interest on the basis introduced in other countries and regions on the model of public interest legislation, and then introduce the legal provisions of China's land expropriation purposes and the defects, and last it gives us a proposal about the purpose of perfecting China's land expropriation.The third part focuses on the land expropriation procedures. The first part of the land expropriation procedures were outlined, and then on to other countries and regions land expropriation procedures, and analysis China's land expropriation procedures, pointing out that China's land expropriation procedures exist defects, and last it gives us a proposal about perfecting China's land expropriation procedures.The fourth part focuses on the land expropriation compensation system. The first part of the land expropriation compensation system were outlined, and then introduced in other countries and regions on the land expropriation compensation system, pointed out the defects of China's land expropriation compensation system, and last gave us a perfect suggestion about our land expropriation compensation system.
Keywords/Search Tags:Land expropriation, Public interest, Land expropriation procedures, Land expropriation compensation
PDF Full Text Request
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