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Rural Land Expropriation System Improvement

Posted on:2016-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z WenFull Text:PDF
GTID:2296330461976350Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
World, since ancient times, the land issues are the rulers can not avoid the problem. In the early days of our country, in order to solve the population, food, construction and other issues, the land ownership system is divided into two parts creativity, the whole people and collective ownership of rural land urban land, at the time of the productive forces and production relations to achieve proper match. But with the deepening of reform and opening up and socialist modernization drive, this system also brings corresponding problems. As the problem of rural land expropriation in this article, which is also dual core reason land ownership system.In addition to institutional reasons, the issue of China’s rural land expropriation faced more comes from practice. The law also requires excellent goodness of people executed. Forced demolitions, often seen in newspapers, whether the land on either side of the issue who are more harm than good. Therefore, under the framework of the overall system can not change the premise, namely how to achieve effective operation of power, but also allows the right to deserve protection has become the focus of academic research. In this article, the various aspects of China’s rural land expropriation system is divided into four parts to specific analysis:First, the basic content of the land expropriation system are introduced. Including the connotation and characteristics of land acquisition, the nature of land acquisition act, subject and object, land expropriation, the legitimacy of the basic principles of land acquisition and land expropriation analysis of five parts. Combined with foreign related systems on the basis of our current legal system conducted on a more complete description of the role played bedding article overall.Secondly, by analyzing the land acquisition work, manifestation farmers, developers and government interests and needs, as well as conflicts of interest between any two. Show the game in the interests of all stakeholders in the process of land acquisition. The conflict between the interests often manifested in illegal behavior in the event, is, therefore, in order to more fully demonstrate land expropriation in practice defects. Play a connecting role.Again, from land acquisition and compensation system defects, and the practice of land acquisition problems and other deficiencies cited three comprehensive as possible at the current land expropriation system in the rural areas were inadequate. Especially in terms of other deficiencies, try to highlight some of the new ideas and content.Finally, from four aspects of rural land expropriation system were perfect. That is the purpose of the restrictions, limiting the program to compensate for the patterns and relief mechanisms. The main focus is on the previous studies, summarized and improved, and due to join the author’s vision system. Trying to achieve a certain theoretical innovation.
Keywords/Search Tags:land acquisition, public interest, compensation standards, due process, the right to relief
PDF Full Text Request
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