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Research Retained Land Resettlement Compensation Legal Issues

Posted on:2015-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2296330431985860Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Under the reality of a large collection of land was under, traditional compensationcannot satisfy the rights of landless farmers, it as an important section of landcompensation, its meaning and status become more and more important. The retainedland resettlement as one of the current remedies when our government expropriation ofland use, from solving the life and production of landless farmers, unique life perspective,with its unique ascendants, to guarantee the long-term profits of the landless farmers, it isa creative mode of traditional compensation.Because no uniform national regulations and legislation, retained land resettlementof the presence exists that the planning system is not perfect, the effectiveness of legalnorms attribute is not clear, decision-making process is not complete, the relevantconfiguration lack of uniform standards of civil rights, as well as the retained landdevelopment patterns remain insufficient, the rules need to be further improvement. Thearticle analyzes the typical grind provinces (municipalities) of land sample comparisonon the horizontal comparison, analysis the differences between it and traditionalcompensation on the legislative purpose, compensation mode and legal adjustment mode,analyzed the validity of the retained land resettlement compensation, discusses the legalbasis for its existence and value system. These article proposals get the retained land inthe free way, which reduce or free the land use tax, and state owe the retained land’sownership. Reasonable adjustments and configuration peremptory norms and arbitrarynorms, reducing mandatory norms premise limitations,recommending expanding thespace of arbitrary norms,. Restricting on the right of forth putting the retained landappropriately, and prohibit using retained land to estate development and constructionhouses. Establishment retained land’s development model of, with the cooperation ofvillage collective economic organizations and market players, under the governmentcommanding. The retained land needs to plan rationally, public the retained landinformation simultaneously; Protection of the legitimate right of the participation. solvingthe land development rights of landless peasants, make sure the long-term livelihoodsecurity.
Keywords/Search Tags:Retained land resettlement compensation, Proprietary rights, Retainedland resettlement plan, Retained land resettlement development, Informationdisclosure
PDF Full Text Request
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