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Study On The Legal Protection Of Peasants’ Right To Know On Collective Land Expropriation

Posted on:2015-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:H X LiuFull Text:PDF
GTID:2296330422971579Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays, with the rapid development of China’s economy and comprehensivenational strength and acceleration of urbanization, more and more collective land hasbeen expropriated in various forms, which leads to social conflicts also increasinglyprominent. There are so many factors cause to contradictions, but the lack of peasants’right to know can not be ignored. As a direct result of peasants knowing little ofcollective land expropriation,they are lack of participation and supervision. Combinedwith indistinct definition of public interest, unreasonable resettlement compensation, therights and interests of peasants under different degree of damage. Because the peasants’cultural level is generally low, the legal consciousness is generally weak and ability ofsafeguarding rights is generally lack, they are unable to stretch or safeguard rights inirrational ways, after the rights and interests being violated, eventually led to theincreasingly sharp contradictions.Peasants’ right to know in collective land expropriation refers to the peasants havethe right to know and understand related information about collective land expropriation,which is the premise and guarantee to implement participation and supervision, the keyto protecting the legitimate rights and interests of peasants, an important part of thecollective land expropriation.There are many deficiencies on protecting peasants’ right to know about collectiveland expropriation in Chinese legal system: Relevant laws and regulations is short ofoperability, supervision mechanism is not sound, the legal remedies system is flawedafter the peasants’ right to know are violated, and so on. Peasants’ right to know aboutcollective land expropriation is usually ignored or trampled brutally. This paper studiespeasants’ rights protection in the collective land expropriation from right to know, tosome extent, broaden the related research in the field of vision, enrich the weaknesses ofthe protection of the rights and interests of peasants, at the same time, is helpful onfurther improving the system of collective land expropriation, has the necessaryacademic value and indisputable reality significance. The article is divided into fourchapters:The first chapter is an introduction, major explained the background and Researchsignificance of the topic, review of previous research literature, including foreign anddomestic research, discusses the research method, content and structure of this article; The second chapter is mainly about interpretation of the right to know and it incollective land expropriation, leading to the concept of the right to know, analyzing itsnature and characteristics; through the study of collective land expropriation system inChina, comb peasants’ right to know in this process;The third chapter, introduces the status quo of collective land expropriation in ourcountry, on this basis, finds the exposed problems from the protection of peasants’ rightto know in collective land expropriation and analyzes its reasons from different angles;The fourth chapter, learns from foreign practices for protection of ownership rightson land expropriation legislation, and the advanced practices in some areas of China,Combined with the characteristics and the status quo of rural areas and peasants inChina and the practice of collective land expropriation, proposes the individual ideas toimprove the protection of peasants’ right to know in collective land expropriation.
Keywords/Search Tags:Land Expropriation, Information Disclosure, Peasants’ Right to Know, Legal Protection
PDF Full Text Request
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