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The Research Of The Transformation From China’s Land Ownership Of The Dual Structure To Land Ownership System Of The National Monopoly

Posted on:2013-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:H G WangFull Text:PDF
GTID:2246330374981020Subject:Law
Abstract/Summary:PDF Full Text Request
First of all, the paper analyzes the land is property attributes and the dual nature of public resource attribute. then,analyzes the public resources of land property will deepen trend, and then analyzed the future development direction of land ownership will gradually to land the nationalized trend development.Secondly, this paper has analyzed the land system binary structure evolution process, and further reveals the land system of China, the binary structure has dual gap is the source of one of expanding the system, especially the collective land system, as the product of the left over from planned economy, though the design is the beginning of the in order to give full play to its public resource properties, and meet the needs of farmers to ensure survival. But with the rise of the market economy, urban state-owned land property rights system established, city of state-owned land property attributes be reflected. because the collective land skeptics of land property attributes and the exchange value of neglect, make collective land had not make up for the system defect, because of the lack of collective land property rights system and fuzzy, making them unable to enter the land market, give full play to its property the value of the property, plus vested interests use this system defect, cheap land expropriation, to maintain their own remember interests, which led to the expansion of the gap between the urban and rural.Again, the article further analysis of the collective land nationalisation is the best choice of China’s land reform, but how to choose a feasible cost low, farmers’ benefit big reform path is particularly important. This article from the existing system of farmers in the paper through voluntary congress’s program realization of collective land ownership in exchange for the right to use the state-owned land conversion path, through the villagers assembly will through a rights replacement plan. The plan similar to the "bequest raising agreement" realize ownership transfer, this "bequest agreement of maintenance" involved the content involves deep interest adjustment, the "bequest agreement of maintenance" can get farmers support and recognition of the public, can reflect voluntary and fair is the key of the land reform and inspection standard. This shows, the path of the implementation of the procedures manifest the villager autonomy principle, through the rights that the existing scheme replacement farmers interests are not damaged. This helps to ensure that the procedure justice and the substantive justice requirements.Finally, from the national conditions of China analysis in the course of reform must be the necessary system supporting and must follow some principles from these principles, the purpose of the reform will backfire and appear serious consequences.
Keywords/Search Tags:land ownership state monopoly, Public resource attribute, The villagersautonomy, The property right system
PDF Full Text Request
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