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Concerning Administrative Compensation System And Perfect Rural Land Expropriation Compensation For Perspective

Posted on:2012-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:W AiFull Text:PDF
GTID:2216330338469309Subject:Law
Abstract/Summary:PDF Full Text Request
Land is means of production and subsistence of peasants. It is the "lifeblood" of peasants for survival. However, the peasants lost their land with economical development, increased urbanization, and the land expropriation and requisition by the government. For the peasants, lost land means lost the source of livelihood. China is speeding up the modernization and building a harmonious society. If China wants to balance urban and rural development and narrow the urban-rural gap, the farmers who lost their territories must be given fair and reasonable compensation. Not only to maintain the farms'original living but also need to improve their standard of living, give them better protection. However, China's land expropriation compensation system is still not perfect, the existing laws and regulations of land compensation are scattered, unsystematic, poorly operability, which are leading the rights of the farmers could not be effective and better protection. In addition the scope of the provisions in relevant laws and regulations on compensation is narrow, in the way of compensation is unity and the compensation standard is low. All of the provisions lead farmers can not maintain the original standard of living. In the China's land expropriation laws and regulations, the provisions which are related to the compensation program are not clear. The provisions are biased on the right of the main executive but neglect the rights of the peasants who lost their territories. These provisions are making the strong administration leading, the poor autonomy of the peasants. The peasants feels like that the compensation is unreasonable and the relief measures are not effective. Therefore, China needs to improve and perfect the system of compensation for land expropriation. The author thinks that some measures could be taken. such as formulate the "Land Acquisition Compensation Act" which has an unified system, expand the scope of compensation for expropriation, rich the way of compensation for land expropriation, raising the compensation standards, improve the land compensation for expropriation procedures. The perfect land compensation for requisition system benefit the peasants rights could be better protection and security, benefit narrow the gap between urban and rural areas, conductive maintain the social stability, improve the economic development, make the social harmony.
Keywords/Search Tags:land expropriation compensation, the present situation, defects, perfect
PDF Full Text Request
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