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Improvement Of Compensation Payment System For Rural Land Expropriation

Posted on:2014-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:R H GuoFull Text:PDF
GTID:2256330401975433Subject:Civil and commercial law
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With the rapid development of China’s urbanization, more and more rural land were expropriated.Due to several reasons, many problems involving the payments of compensation occurred in this process.As the land requisition compensation is crucial to the survival of farmers and social stability in rural areas,it is very important to take some measures to perfect the procedure of the payments of the landexpropriation compensation.In this paper, the author analyses the problems arising from the compensation of land expropriationand the causes of them. Meanwhile, the author also compares several foreign countries’ legal system ofland expropriation compensation, although there are some fundamental differences in the land ownership.In order to assure farmers’ rights and prevent them becoming those without land, income and low-payment,the existed payment system of the land expropriation compensation should be improved in a few facets.Besides the introduction and conclusion, this paper is divided into four parts. The first one presentsthree main problems in the distribution process of China’s land expropriation compensation payment, whichincludes the fragmentation of payment methods in different areas, serious unjust retention and unreached orpoor availability to judicial remedy for landless peasants. In the second part, the author gives a detailedexplanation to these problems and their systematic defects. It is my view that there are at least three factorswhich are attributable to the above problems, inter alia, the issuing standard is unclear, unspecific and thesupervision procedure is not perfect. Moreover, the farmers’ right to know and participate in landexpropriation compensation process has not been correctly protected, and the current system of remedy isunreasonable. The third part mainly involves the comparative analysis of the land expropriationcompensation system in the United States, Germany, France and England. By this, the author attempts tofind out ways and methods which may be beneficial to solve the problem existed in China’s rural landrequisition compensation payments. As the central part of this dissertation, the fourth part tries to putforward some proposals which would be helpful to perfect China’s rural land expropriation compensationsystem. Firstly, it is the author’s suggestion to classify the compensation into three categories, which are theground attachments and green crops compensation fee, resettlement subsidies and land compensation fees. The first category should be issued through the channel of the direct subsidies to gain producers grain.More specific and more detailed regulations should be enacted for land ownership and the final paymentsystem of the compensation, and strict surveillance should be put on the resettlement fees so it can reallycontribute to resettlement the landless peasants. Secondly, a better and more transparent informationdisclosure system should be established in order to protect the rights to know and participate in landexpropriation compensation process of farmers. The last but not the least, the availability to remedyprocedures for landless farmers should be assured in the land expropriation compensation and resettlementprocess, which consists of consummating the administrative remedy of land-lost farmers and recoveringtheir right to civil litigation.
Keywords/Search Tags:Land expropriation, Rural land, Land requisition compensation, Issuance of compensation
PDF Full Text Request
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