Several Research Questions "Villages" Land Ownership Transformation And Change Compensation

Village in the city is the production of high-speed urbanization, it is quite differentfrom both city and village, but its existence did affected the development andharmonious of the city.This thesis has mainly analyzed two core issues about the reformof the village in the city,one is the legal issue of the land ownership alteration, the otheris the compensation during the reform progress. Author has affirmed the research aboutthe alteration of land ownership and the compensation issue, make the relevant researchbecome more meaningful both theoretical and practical.In the first part, the thesis started from the definition of village in the city,andbriefly analyzed the main reason of its formation in order to better understand the way itproduced and the legal problems it exists at present. In the following, the author hasseparately talked the two issues. Firstly,there are two ways to alter the land ownership,which are land levy and land nationalization, but which way is more proper?Secondly,the compensation sum gap is too obvious so that some “one night millionaire”has appeared in some developed cities. The question is how to make the compensationstandard and how to balance the gap.In the second part, this thesis has analyzed the alteration of land ownership issue.At first, the author compared the land levy system and the land nationalization systemfrom their definition, and analyzed the reason of land nationalization especially from thecivil law theory. Then the author talked the limitation and lack of legitimacy of landnationalization system and recognized the reason from the perspective of constitution.The third part has mainly talked about the compensation system next to what have mentioned above. Firstly, the author introduced several different theories and principlesabout the compensation system in a way to compare what the foreign countries andTaiwan district had done to the same issue, and draw some conclusion from the aspectof compensation principle, scope, standard and mode. At the same time, the authoradvised to improve the compensation system in the narrowing down the gap, definingthe public benefits, clarity of levy and levy compensation procedure.The final goal of this thesis is to make suggestion and offer methods to the issue byway of deeply analyzing the issue both theoretical and practical in order to create abetter legal environment. During the urbanization process, a reasonable and legalprocedure is quite necessary to guarantee the citizen’s legal rights. The reasonableprocedure is quite important to a city, for the citizen’s basic rights need to be wellprotected in the village of the city, and the reform of the village of the city is to makesure the city can function well according to the reasonable procedure. From theperspective of protecting the legal rights of those citizen in the village of the city, enablethe society become more healthy and ordered.