Font Size: a A A

Social Justice Principle In The Protection Of Farmers' Land Rights

Posted on:2017-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:W J WeiFull Text:PDF
GTID:2336330485959985Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Social justice is in pursuit of a "universal justice, with a strong color of strong inhibitory action of system principle, in pursuit of distributive justice as the core content, including the reasonable distribution of equal rights, equal opportunities, equal benefit and so on.Social justice principle is the development and extension of the concept of fairness and justice.From ancient Greek and Roman concept of justice to the contemporary justice concept, the connotation of social justice principles beyond the previous material connotation, more to the fair right, fair chance and fair regulation, development of distributive justice.Principle of social justice and common justice idea there is a difference.This diversity is the core content of social justice principle is based on distributive justice as the core, in pursuit of rights protection to point to the weak.Fairness and justice problem is one of the important problems existed in the protection of farmers'land rights.Specification and fact that exist in the protection of farmers' land rights conflict and the reality and conflict.Specification conflicts with the fact refers to the farmers' land rights in law to be layers of protection, and in fact is not fair.Reality and conflict refers to the interests of the farmers in reality preface-structure and marginalized, in the farmer's land rights is hard to get a fair compensation.Therefore, the introduction of principles of social justice in the protection of farmers' land rights has the necessity.Above all, the principle of social justice can pass into farmers' property rights.The value analysis based on China's land rights is a special kind of property rights, is special in farmers' land rights private property right is incomplete.Second, the principle of social justice can in fair right, fair chance and fair regulation, distribution justice four aspects to guide the distributive justice of farmers' land rights.Again, the principle of social justice can limit state of the abuse of expropriation power limit on purpose of public interest;On the prepositional procedure of land acquisition, implementation procedure safeguard farmers' right to a hearing, the right to know, right to defend oneself, whom, etc;On the compensation compensation standard and compensation scope for improving and expanding.
Keywords/Search Tags:Social Justice Principle, Farmers' Land Rights, Private Property Rights, Land Expropriation
PDF Full Text Request
Related items