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

Posted on:2017-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhangFull Text:PDF
GTID:2296330485463779Subject:Law
Abstract/Summary:PDF Full Text Request
There are many factors that influence the social economic, political for a country. Among them, the land system is one of the factors. Land is the foundation of all human economic activities. It is the most important means of production and the main component of social wealth, especially for farmers. Land is the lifeblood and important guarantee to the survival for them. There are many possession and use of the surrounding land formed various kinds of land system in the process of human historical development.Land expropriation system is to point to in order to meet the needs of the public interest, the state through the specific administrative act will belong to the collective land as state-owned, then use a sublicense whether or not the way to the people of the land use. Because land property attributes and carrying the collection for the ownership of the land of far greater importance than all other property, so be a man will pay more attention to their own property rights.Land expropriation in the peasant’ right to know is to point to the peasant’ knowledge and the collective land expropriation and the rights of the relevant information in the process of land expropriation. Right to know it or not to which is the basis of protecting the rights and legitimate rights and interests of farmers to achieve, is also the most key link in collective land expropriation. In the process of land expropriation, the farmers need to know to collect the subject, purpose, scope, time, and a series of compensation standards and the collection of relevant information.In reality, the farmer as a vulnerable group, their right to know in virtually may be limited by the encroachment of state organs. In this case, the remedy in time and fairly can to a certain extent, restrict the abuse of public power, government and protect the legitimate rights and interests of landless peasants themselves.Through close reading the literature, there is a serious shortage founding in the existing legal system to protect the landless peasant’right to know. For example, related laws and regulations of the operability are not too strong; Announcement procedure exist some shortcomings; Peasant’ legal rights after damage relief system is imperfect, and so on. Based on this, this article obtains from the right, the protection of peasant’right to know in collective land expropriation are studied and put forward the method for constitutional command departments cooperate with the power system, improving processes and the peasant’ right to know of the relief system. The Suggestions on the protection of the rights and interests of peasant’ right to know the weak link of enrichment, I hope to contribute to further perfect the system of collective land expropriation in our country.This paper has the following five parts:The first part, introduction, expounds the background of the selected topic and research significance, and discussed in this paper, the research method, content and structure; The second part, the concept of right to know and the right of collective land expropriation, which leads to the peasant’right to know this concept, analyze its rights, based on the research of the collective land expropriation system in our country, combing the process of farmers have right to know; The third part, introduces the present situation of our country collective land expropriation, mainly from the two dimensions of the legal system and social practice; The fourth part, according to the status quo of land expropriation in our country, find out the peasant’right protection exposed problems in collective land expropriation and analyze its reasons from different angles;The fifth part, on the land expropriation legislation of other countries for reference, for protection of ownership rights, as well as advanced parts of our country’s practice, combined with the characteristics of rural areas, farmers in China and the present situation and background, the practice of land expropriation proposes perfecting the land expropriation in the legal protection of peasant’ right to know personal ideas.
Keywords/Search Tags:Land Expropriation, Peasant, levy, Right to Know
PDF Full Text Request
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