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Research On Farmer Property Rights Of "Homestead Replacement"

Posted on:2014-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:X L DongFull Text:PDF
GTID:2256330401461819Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Homestead replacement is the important form of the rural land consolidation,itcan be also called “link of the urban and rural construction”,refers to that farmersexchange the homestead right and the structures on the homestead land with the townbuildings by government reclamation,in this way, it can save the land to increasefarmland area and transfer the land use rights to economize constructionland.Homestead replacement has a great of practical significance,it is the innovationof planning house rights,and it conductive to use construction land and protectfarmland. Actually replacement of homestead is in essence for the imposition,but incompare with the traditional imposition,it has its own characterristics which isnon-mandatory and equality.In recent years, each district executes generally the homestead replacement,itmay prejudice to the farmers rights due to the lack of unified legal norms like thedisposition right of homstead land,the ownership right of farmers houses, the rightsand interests of compensation and addational values.On the basis of the public trust theory, the theory of interests balancing, publicinterests and private interests balance principle, rational principle of public powerintervention, land use planning and use restrictions limit principle, and through to ourcountry present about the homestead replacement laws and regulations, local samplesand other countries of the region legislative reference, draw some legal issues to bettermaintain farmer property rights. It should respect farmers land disposition rights tocandle with the mandatory problems, concreting the individual meaningrepresentation and collegiate program involved in combination, following thevoluntary, lawful, fair and open principle, and draw lessons from Taiwan collegiateprogram. For infringement of farmers housing ownership problem, it should beconfirmed by farmers for new housing ownership like the Wuxi pattern that newhousing to have partial property right of affordable housing. For the problem ofunreasonable compensation, the compensation scope includes not only the ownershipof land compensation shall also include the usufructuary right in compensation, standard of compensation can refer to " the comprehensive zone price " means. Foradded values allocation is unfair, it should establish farmer value-added benefitsdistribution rights, and give the corresponding programs agreed purchase program asa value-added benefit distribution rights protection.
Keywords/Search Tags:Homestead Replacement, Obliged Replacement, CompensationStandard, Value-added Benefit Distribution Right
PDF Full Text Request
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