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Research On Luo Litigate Town Government For Land Compensation And Resettlement Dispute Case

Posted on:2014-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:X DongFull Text:PDF
GTID:2246330398468994Subject:Administrative law
Abstract/Summary:PDF Full Text Request
In recent years, as China’s speed up the pace of urbanization and new rural construction of socialism to vigorously push forward,Urban and rural construction, the demand for land is more and more big. Across to the name of public interests in land expropriation and demolition speed, to the countryside collective land collection behavior has become increasingly frequent,In theory, the legal land expropriation must establish in the maintenance and service on the basis of social and public interests,Shall levy land for public interest and the purpose of the real estate and the value orientation, both the balance between public interests and citizens’ legal property rights, to give citizens’ private rights should be safeguard, carries on the reasonable compensation for land acquisition and demolition loss.But in practice, land acquisition involves the interest is widespread, large, complex and diverse, carelessly a bit, very likely illegal phenomenon, cause damage to the interests of the expropriated, masses satisfaction is reduced, and then lead to social problems, affect social harmony and stability.Therefore, the rural collective land expropriation, strictly define the scope of public interests, to prevent a small number of government departments in the name of public interests, social benefits with lower project development, led to the abuse of right of countries to impose, this to guarantee citizens’ basic rights to property, which is of great significance.In addition, in order to meet the needs of economic development, the rural collective land expropriation and demolition of the related system also is in the process of change and improvement, thus, the new laws, regulations and policies of past of rural collective land real estate transactions, become controversial issues in the practice, brings about difficulties in legal application.This article around a town to the rural collective land expropriation cases, analysis of the case in the development of before and after the related department to make a few administrative decisions, lead to some problems existing in the rural collective land expropriation and controversy.On this basis, raises three questions for discussion and analysis:First of all, discusses the development business resort project in this case the question of whether or not to conform to the public interests; Second, by analyzing the related departments of land acquisition and house demolition process, determine whether compensation is reasonable, and whether the program is legal. Third, in this case, the new laws and regulations for its effective before the sale and purchase behavior is the question of whether or not to apply. Finally, the paper expounds the case caused by thinking, and puts forward Suggestions to solve the problem of related disputes in practice.
Keywords/Search Tags:Land expropriation, Demolition, Public interest, Legal application
PDF Full Text Request
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