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The Assessment Of Land Expropriation Compensation Standards And Adjustment From The Vision Of Theory Of Value

Posted on:2013-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2246330374990288Subject:Law
Abstract/Summary:PDF Full Text Request
As a core part of the land expropriation system, Compensation System plays a key rolein legitimacy and reasonability of land expropriation. However, the current judicial theory andpractice for land expropriation compensation mostly favor the concept of public law, whileignoring the pursuit of the ultimate value as to protect legitimate private interests, which havecertain responsibility in the practical operation of the land expropriation disputes and trouble.When turn the research perspective from the concept of public law to the private law conceptand take it as an analysis method,we can find a great practical significance to adjust theirthinking. Current land compensation has the characteristics of disunity and instability in everylegislative level, in this way, I use the value theory which has great related with landexpropriation compensation from China’s actual situation, learn from the foreign landcompensation legislation for the use of the theory of value and introduce the defects ofChinese law. Then,I clarify the train of thought of it, from the value of private law, and finallyget an adjustment programs,for the purpose of protecting legitimate private interests,maintaining a fair and just compensation allocation and reconciling the current contradictionsof land expropriation. On the theory of value, it has a significant role in the Western Romantimes. The theory of value in the contract price has been a good evolution in French CivilCode,as the originator of the Civil Code, and has great application in Roman-Law Systemand Anglo-American Legal System, it also played an invaluable role in the prosperity andwell-order of the market economy and the formation of the scope and the principle ofcompensation of land expropriation compensation,as the basic theory of the value of thecontract price. While I just applying to the land expropriation compensation as thesignification of its unique role in the valuation, analysis fair compensation and fullcompensation in accordance with different circumstances.In short, if the accuracy of the public interest is on behalf of the legitimacy of thepremise of the land expropriation act, then the legal and reasonable compensation for landexpropriation is the fundamental guarantee of expropriation act。Compared to complicated fora large number of land expropriation and compensation provisions of administrative law, afew strokes of the property law clearly can not hold up the protection system of compensation,but from the private law methods of analysis to get a fair and equitable outcome is significantfor land expropriation compensation, and it has more practical important for protection of thelegitimate rights and interests.
Keywords/Search Tags:Land expropriation compensation, The character of Private law, Thetheory of value, Complete compensation
PDF Full Text Request
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