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Research On The Compensation Of House Expropriation On The State-Owned Land

Posted on:2013-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:L J ZhaoFull Text:PDF
GTID:2256330395488243Subject:Economic law
Abstract/Summary:PDF Full Text Request
House expropriation on the state-owned land is an exclusive institution inChina.Ordinance of House Expropriation and Compensation on the state-owned landwas promulgated,the old ordinance was denounced meanwhile.As the new ordinancesets,subject of house expropriation and compensation is changed to be the governmentinstead of units with permission.Changing of subject brings series of matter to besolved,for example,What is the contract about compensation for house expropriationin nature?Is the contract a civil contract or administrative contract?How to define thesubject of the contract in practice?How the real estate market assess price reflects theland usufruct compensation?What is the drawbacks of the compensation way in theordinance?Research on this task in our country is not sufficiency,and goverments cannot operate well in practice.With contrasting to the old ordinance,the writer takes aseries of case about house expropriation and compensation system in the newordinance in the thesis,analysing problems brought by the house expropriation.Ifinished the thesis with guidance of professor Liujun. In the first part of the thesis,the writer gives a summary about houseexpropriation and compensation.,with analysing the difference between houseexpropriation and administration expropriation,the writer gives a conclusion about thequality and character of the contact,and gives an initial elucidation.With an emphasison the character of the contact,the writer gives an conclusion that the contact is civil.Itis a foundation for the next parts.In the second part,the writer puts forward of question about compensation of landright of use,defects about currency compensation and property right exchanges, byeway of parenthesis,questions about compensation for hiring use and for collectivehouse,about suggestion adopting in hearing for settle.In the third part,some ordinance abroad,especially Germany, about houseexpropriation and compensation is list.Some of theory about justicecompensation,proper compensation and entire compensation deserves learning from.In the last part,the writer presents conclusion of questions above,givessuggestions about compensation for land of use,gives some opinion about type ofcompensation,hoping a new compensative type will be considered in legislation,andelaborates the advantages. In the meanwhile,other questions are answered in this part. In the conclusion of the paper,the author noted that,although there areimperfections in the House expropriation on the state-owned land,it reflects changesof legislation concept and patten design.It is the progress of urbanization in China andopportunity for development operation.The thesis is for a definitive and perfectinstitution about house expropriation and compensation,and contributing forlegislating in province and practice in house expropriation.
Keywords/Search Tags:house expropriation, contract about compensation, land usufruct, public interest
PDF Full Text Request
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