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Research On Protection Of Property Of Land-lost Peasants In The Process Of Urbanization

Posted on:2015-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:R X XiaFull Text:PDF
GTID:2266330428457470Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The process of urbanization phenomenon exists in a large number of collective landacquisition. Meaning collective land is mainly composed of the following two aspects: First,the collective land expropriation must first meet the social welfare; Second, the programunder the premise of social welfare in accordance with the law of the nature of the landchanged from all the collective farmers All. Our collective land expropriation, in essence, isa deprivation of property or a farmer is a limitation. In China, the farmer’s property is themost important property on the land, the land property rights in practice relates to a range ofinterests such as the right to survival and development of farmers, and even can be said thatthe farmers have other property interests and interests in land of the premise and foundation.So in a certain sense, one can say that due to the imposition and collection proceduresinstitutional series of flaws in the actual operation will certainly serious violations of farmers’property rights and other rights and interests in the collective land expropriation.With the continuous development of society, the degree of urbanization is alsoincreasing, while also increasing the need for land. Currently our existing legal provisions forland acquisition, there are still many imperfections, and even can be said that the defect,which to some extent led to a lack of landless farmers in the process of expropriation ofproperty rights protection institutional protection. These imperfections in land expropriationor defects include: First, the collective land property rights system is not perfect, mainly todefine the nature of collective land ownership is unknown, collective land registration systemis imperfect, the expropriation of land houses and other property rights protection efforts andinsufficient; second, the entity charged imperfect system of collective land, mainly in ourcountry have imposed regulations on land too principled led in practice does not have themaneuverability, Meanwhile the definition of public interest is not clear and the process ofland acquisition and land irrational allocation of compensation for expropriation in violationof the rights of landless peasants hearing, problems related entities, such as the rights ofparticipation, the right to information, etc.; third, collective the existence of deficiencies inthe system of land expropriation procedures, mainly in the country ’s collective land expropriation and no approval system, resulting in expansion of public purpose. At the sametime, there is no land acquisition process of land acquisition in the revocation of theprogram, which would seriously infringe on farmers’ property rights. Fourth, collective landexpropriation relief mechanism is relatively simple, mainly disputes without judicial reliefsystem clearly defined when the process of land acquisition in the current legal system,judicial intervention in this process seriously inadequate. While on administrative rulingsystem of a series of land compensation irrationality, and lack of civil relief program. Thesecollective land expropriation issues will lead to serious violations of farmers’ land propertyrights.In this paper, the use of theoretical research and practical application of a combination ofmethods proposed in the current collective land acquisition problems and deficiencies intheory and put forward their own perfect proposal, and proposed a number of practical issuesin this article, hope to achieve theory and practice. In this article the author while also leviedon land expropriation system has done a better country in the world, and typical of the theoryin terms of collective land expropriation carried out a comparative study, and finallyaccording to their own specific conditions, the authors in the article in terms of our proposedland acquisition legislation, standardize procedures and improve the compensation systemfor land acquisition and other sound advice.In this paper, the structure and content as follows:The first part analyzes the urbanization process landless farmers property protectionissues outlined, including on the " urbanization" in the definition and development status ofChina’s urbanization, the relationship between urbanization and land acquisition,urbanization and land acquisition relationship property rights of farmers, focusing graspcontact urbanization, land acquisition and property rights between the three farmers from themacro.The second part analyzes the urbanization process to strengthen the need to protectproperty rights of landless farmers, including landless farmers need to strengthen theprotection of property rights is to protect farmers’ property rights and the right to life, to curbthe abuse of power urbanization needs so that farmers need a fair share of achievements, such as urbanization, highlighting the importance and necessity of protecting farmers’property rights.The third part analyzes the current situation and institutional reasons farmersurbanization in property damage, including situation analysis and urbanization urbanizationprocess in damaged property peasants landless peasants property damage institutional reasonsanalysis to clearly know the real reason of the land expropriation of farmers where propertydamage, in turn, can put forward a sound proposal.The fourth part analyzes the foreign land expropriation was imposed to protect humanrights legislation and its enlightenment, including land expropriation, Germany, Japan,Britain, the United States, according to the analysis of the various aspects of nationalregulations in land acquisition, you can a full grasp of foreign institutional expropriation ofland for landless farmers and the protection and relief, etc., in full knowledge of the rules andregulations of foreign countries on the basis of further according to China ’s specific nationalconditions, can be appropriate to draw and innovation.The fifth part analyzes the process of urbanization perfect landless farmers propertyprotection laws, programs focused on improving the legal system of collective land propertyon the entity to improve the legal system of collective land acquisition, land acquisition forcollective improve and perfect the system of collective land expropriation relief mechanism,according to the above four aspects of sound, the author presents his own little perfectproposal, hoping to further improve the process of land expropriation of property rights tofarmers in theory protection.
Keywords/Search Tags:urbanization, collective land acquisition, property, the right to relief
PDF Full Text Request
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