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Study The Rural Collective Land Expropriation System In Our Country

Posted on:2016-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:T H ZhengFull Text:PDF
GTID:2296330476451679Subject:Economic Law
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With the development of the economy of our country and the advancement of urbanization, the demand for land is increasing for the bigger size and the fast change of our city. Now the existing urban state-owned land can not satisfy the need of large-scale economic development and urban infrastructure construction. According to the existing law, the local government can only meet the need of land of the urban construction by the way of imposing to transform the land of suburb surrounding the city and countryside to the land of all kinds of urban construction. Farmers lose not only the land survive them but also a series of rights relevant to land during imposing the countryside collective land. Though the value of the land rise rapidly, the farmer can not ensure the development of their future life with the little compensation, they are ruled out of the added value of the land far away. They are easily causing the new social tensions and conflicts as the special part which are divided from the society for their poor life, which is not benefit with China’s social harmony and stability. In 2013,China had put forward a solution named “383” to deepen the reform of the land system and let the collective land to come to market on the main breakthrough of the three-in-one reform solution.<Central Committee of Communist Party of China deepening reform of the overall number of major issues decision> passed by the third plenary session of the CPC eighteen also point out the necessity to establish the market of the construction land of common urban and countryside. This fully shows that there exist serious defects in our current legal system of land, which is also the fundamental reason for the loss of the rights and interests of farmers. How to improve our existing legal system of land particularly, and protect the rights of landless farmer from the source of system to improve farmers’ land value-added income have the important significance to deepen the economic system reform of our country and promote the social harmony and stability and promoting the modernization of our country.This paper is underneath the idea of deepening the reform of the land law system, and based on the foundation of research on the land expropriation compensation system of foreign and domestic reform and innovation area, which carries on the analysis on the existence of collective land expropriation and compensation in the face of the problems in the process of summing up the experience from the level of legal system, and put forward the feasibility of the proposed reform of the legal system of land expropriation compensation to prevent further damage to the rights and interests of farmers.This article uses the following research framework: the introduction part of rural collective land expropriation system introduces the development background and research significance, reviewing part elaborates the research situation of the rural collective land expropriation system, then to research the way of thinking and innovative points of this article. In this paper, the main body is divided into four parts, the first part of law was studied for the system of land expropriation in our country, expounding the legal connotation of farmers’ land expropriation system, in the aspect of legal analyses the defect of the rural land expropriation system, exploring the legal basis of the rural collective land expropriation system in our country, which has been clear about the safeguard the rights and interests of farmers to be the core of land expropriation. The second part summarizes the system of rural collective land expropriation legislation present situation and problems, throughout the history development of the rural collective land expropriation system in our country and the existing rules, pointing out the problems existing in the current rural collective land expropriation system and the insufficiency of current land expropriation compensation system, it is necessary to reform the system of rural collective land expropriation, farmers need to be in the process of a real response demands attention land-lost farmers rights and interests, improving the appreciation income of farmers; The third part introduces the scope of the present situation of the main national land expropriation system, studing the advanced countries in the room of land expropriation compensation mode, for our country to perfect the rural collective land expropriation system improve the appreciation income of farmers to perfect enlightenment; The fourth part puts forward to the consummate the legal countermeasures of rural collective land expropriation system in our country. Epilogue part to objective evaluation of the author wrote the article, as a graduate student in economic law, the research we are studied on can be beneficial to the improvement of the rural collective land expropriation system in China.
Keywords/Search Tags:Collective land, Land expropriation, Incremental benefit, Urban-rural dualism, Expropriation compensation
PDF Full Text Request
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