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Research On The Protection Of Land Contract Management Right In The Collective Land Acquisition

Posted on:2013-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z E ZhengFull Text:PDF
GTID:2256330395988483Subject:Economic law
Abstract/Summary:PDF Full Text Request
The our country is being placed in an industrialization, urbanization fast-developingstage, to the demand increment of the land, the farmland non-agriculture becomes forinevitable. The way that the land imposition is the our country farmland non-agriculture toturn most currently develops an important function in the urbanization progress, thereforestrengthens to advertise for the farmer rights in a ground of process to protect into a passimportance. Is current to advertise for a ground of system is mainly carried on rules by landmanagement method, real right method ’s waiting has been already involved as well, total upbuild up our country advertise for a ground of frame of system. Definitely request to be squareeverywhere in State Department concerning deepen to reform the decision that the strict landmanages, strengthen by law managing of the land imposition, the land of guarantee farmercontracts for to conduct power. Some opinions concerning solution farmer work problems inState Department at it eighth the part Article27definitely ask the land to the specialcommunity farmer work in the farmer to contract for rights to carry on a protection.But the our country advertises for a ground of system to exist many problems currently,the rights of farmer especially the land contract for to conduct a power market to be subjectedto invasion. Some places with the public benefits need for lend, with national constructiondemand for curtain, strong line of take over village of collective land, break to contract for toconduct power, have occurrence while infringing upon the affair of farmer legal rights, alongwith industrialization, urbanization progress of quickly play the more strong trend.This text passes to the related concept, function that contracts for to conduct power andland to collect and related according to carry on an analysis study, manage the relation of purerelated concept. Make reference to an existing research achievement at home and abroad,combine our country land collect of fulfillment activity, ask for help of a history investigationmethod, method economics method etc. research method to explain in the Chinese economy,society to be being placed in to transform a period, on the other hand, Chinese economygrowth and society development get into to industrialize middle and urbanization to acceleratea period one after another, the farmland non-agriculture turns to avoid, and the farmland non-agriculture turns to will have accelerative trend along with the development of socialeconomy. And the land collect in the social development and have actively to act for a function, the land collects this trend to converse, therefore need very much to collect to carryon to define rationality and necessity by law on the land. Gradually establish in the marketeconomy on the other hand with perfect, and join WTO etc. under the macroscopicbackground, the our country legal system constucts also in the transformation, power basisgradually to right basis excesssive, get approbation to various property "integral wholeacknowledgement, equal protection", Amendments to the Constitution in2004emphasizedthe stipulation that collects on the government more and to the strengthening of protection ofprivate possession.Collect on the land process in of contract for the argument of management rightprotection this problem mainly from on the other hand limited civic rights, strengthened toprotect private power, these two paths on the other hand to carry on. Land imposition is nationexercise the administration activity of social management management right, havecompulsive sex one side will, this infringes upon administration the opposite person’s legalrights very easily and wants to strengthen for this on the administration to compulsorilycollect power to carry on restriction, especially from collect purpose, collect the procedureand imposition compensate standard to etc. a few aspects to carry on strict restriction; Land’scontracting for to conduct system is an our country to relate to our country slicing of largefarmer body benefits, also relate to nation of long cure long Anne, therefore want tostrengthen to the protection that contracts for to conduct power from the law from the system.On the other hand, the ancient way byword says:"Did not relieve and then have no right",right’s giving is as also important as the protection of right. But current lawmaking to the landcontract for the protection of conducting the power have never given enough value, the landcollects the direct check and supervision of power mechanism still not perfect, there isoccurrence while collecting to infringe upon a land to contract for the phenomenon ofconducting the power in the process in land, relieve an outlet very narrow and not very lucid.The textual writing way of thinking is the following, a part discuss the land collectinstitutional of economics and method learn basis and the land collects institutional ofexistence rationality; The second part discusses a land to contract for property and functionand land of conducting the power to collect medium the land contract for to conduct theinfluence that the power is subjected to; The third part discusses a collective land to collectmedium the land contract for the key problem of conducting the power protection existence;Four-part cent discusses imposition process in the land in contract for to conduct power toresult in the reason and concrete performance for violating to the land; Fifth parts discuss a land to collect medium contract for to conduct power to protect perfect concrete measure tothe land.
Keywords/Search Tags:The collective land collects, the land contracts for to conduct power, thecivic rights control, The procedure guarantees, the system sets up
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