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Research On The Rural Land Expropriation Compensation Of China

Posted on:2012-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiaoFull Text:PDF
GTID:2216330338959711Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The system of rural land has always been a very important issue in China.The rural land is not only providing the fundamental survival and guarantee for the farmer,also bearing the rural social security and unemployed insurance ,keeping the steady of the whole society.Now,the process of urbanization has speeded up,the extent has deepened,and the needs of the rural land become larger,the bad condition between people and the lands is become deterioration,the contradiction has deepen further,so how to compensation to the farmer who has been expropriation their lands is the key to solve this problem.The second session of the 10th National People's Congress in march 2004,has passed the fourth constitutional amendment,modification the original provisions from'in order to meet the demands of public interests,the countries can requisition the land depends on the laws' to 'in order to meet the demands of public interests,the countries can acquised the land and do the compensation.'Established the land acquisition compensation system in the Constitution for the first time.As a important program in the system of land expropriation,the system of land acquisition compensation coordination,balance and solve the conflict between different rights.Therefore,solve the expropriation compensation problem properly,can guarantee the process of construction of our state smoothly,also can meet the demands of the social public interests,even can protect the rights of peasants and the rural collective economic organizations.Now, in the system of rural land acquisition compensation,we should established the principle of compensation,solve the problem of narrow range of compensation,the low standard of compensation,the chaos of distribution of compensation.The thesis consists of three parts.The first part is summarized the current system of rural land of expropriation compensation in the theory.Firstly introduces the theoretical foundation of the expropriation compensation of our country;Secondly mainly analyses the properties of rural land compensation,which contains multiple legal relationships.The author thinks that we can't treat it as the same,which may be defined as private property or public property,it depends on the specific different legal relation.Then introduced the basic principles and the purpose of legislation that our rural land expropriation compensation system needs to flow.The second part mainly introduced the present situation of the rural land compensation system. Do the analysis of the legislative situation,compensation compulsory subject,compensation scope and standards,the land compensation fees allocator etc.After that, inevitably summarized the problem that will happened in the current situation.Then come to the third part.The third part is the key part of the full paper.In the practice of China's rural land expropriation compensation system,the scope of compensation is narrow,the standards of compensation is low,the compensation fee can't allocator well to the peasants,and the lack of way for the peasants to express themselves,the dispute settlement mechanism is imperfect.After the detailed analysis of all the problems,the author hope that more and more scholars can work on the rural land acquisition compensation through my writing.
Keywords/Search Tags:land acquisition compensation, rural land system, standard of compensation, compensation compulsory subject
PDF Full Text Request
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