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Analysis Of Land Expropriation Of China

Posted on:2016-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:J Y WangFull Text:PDF
GTID:2296330470978714Subject:Law
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The rapid development of economy requires a lot of land. Land expropriation has become an important way to supply construction land, which refers to the change of collective land to state-owned land. Land expropriation system in China plays a significant role in economic development. It not only plays an important role of land expropriation, but can effectively control the scope of land through the land approval system. The quality of land expropriation directly effects the smooth development of the social order and economy.However, it no longer meets the requirement of market economy, though our laws relate to land expropriation provisions, but the provisions of the land expropriation process is rare. The defect of land expropriation appears, seriously damaging the interests of farmers, causing many social conflicts, is not conducive to social stability. Government lives in absolute position, controlling the land expropriation, land transactions and land disputes. Persons deprived of their land are disadvantaged. Unequal status increases the difficulty of supervision, causing a large number of illegal land expropriation, damaging the collective and individual interests, also result in the spread of administrative power, prone to corruption. It is not conducive to social fairness and justice. "Public interest" is not strictly defined, and the limit of land acquisition is unclear. There is no explicit concept for public interest. In China, right of land expropriation has extended to economic construction land. While the law does not define the term "public interest". How to define the "public interest" scientifically, to coordinate land disputes between land expropriation restrictions and land supply, is must be solved.In order to curb the abuse of land expropriation rights, land expropriation procedures must be improved, Land expropriation system needs urgent reform and improvement, which forces the government respect the law and the law must be carried out, ensuring the smooth progress of urbanization. Land expropriation procedures research comes into public view, becoming the focus and the urgent task to stabilize social order. Therefore, the study of land expropriation procedures have important theoretical and practical significance.
Keywords/Search Tags:Land expropriation, Land expropriation procedure, Public interest
PDF Full Text Request
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