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Study The Legal System Of China's Collective Land Acquisition

Posted on:2017-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:H W LuFull Text:PDF
GTID:2336330512450487Subject:Law
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In recent years, under the influence of economic growth, urbanization speeding up, the real estate market, the increase of the expansion of cities and all kinds of construction, led to a growing demand for land use. At present of our country between land supply and demand in the short, its difficultly to sustain in a reasonable balance.In order to solve it, the government usually practice is to implement---------- the collection of rural collective land in accordance with the way into the state. The rural collective land acquisition involves the vital interests of the expropriated, relates to the foundation of the people. Around the problems has become a hot spot in the government and people.In terms of the government legal system of land expropriation, our country has many imperfect and defects, the interests of landless peasants suffers loss phenomenon also is constantly increasing, between the government and the public of the resulting conflicts are intensified. The current government land expropriation legislation experience came the question of different groups. From the perspective of constitution and administrative law restricting the public power, land expropriation behavior of government regulation is urgently needs to be more perfect to collect specification mechanism to adjust and control. Reform and improve the system of land expropriation has become the priority of regulating the government to impose.Eighteen reports will be written into the party congress report of land expropriation system reform "improve farmers in the distribution proportion of land value increment income".Eighth session of the Third Plenary put forward the rural collective land may transfer, lease, investment, and with the state-owned land market mechanism to implement the same. Visiblely, the party began to change in the aspect of rural collective land expropriation policy, it also indicates the rural collective land system in our country will have significant change.In this paper, a systematic introduction to the legal right of land expropriation.In-depth analysis of the existing legal norms on land expropriation power adjustment and its defects and shortcomings. Based on the current development of the basicnational conditions, to impose the profound reasons behind the defects that exist in the deep discussion, and through the successful experiences of other country hopes to rural collective land expropriation have income in terms of concept remodeling and system construction.This paper is divided into four parts.The first part of the article, and expounds the basic theory part. Analyses the land expropriation. From the wanton against government power, protect the private rights and interests of citizens, for the purpose of the article separately from the power restriction theory, public interest theory, fair compensation theory from three aspects this paper expounds the theoretical basis of the power of the government regulation.The second part of the article, as the main part of the paper. This part reveals the collective land expropriation rights in exercising the defects existing in the process,and further make detailed analysis on the cause of the its. In terms of the main idea of the whole article is for our country's rural collective land expropriation regulation puts forward perfect opinions, and analysis the deficiency of the current tax system is to discover and solve, such as perfecting the basis of a series of activities. First of all,the paper expounds the constitution as well as to the other provisions relating to the right of land expropriation in the legal documents for the necessary in this paper.Secondly, the article from the definition of public welfare premise, expropriation procedures, compensation standards, review mechanism four aspects to reveal the deficiency existing in the current system. Finally, the article in this part is also the cause of problems in-depth analysis.The third part of the article, the countries outside of the legal regulation of the power of land expropriation. This part first introduced the United States, Britain,Germany, Japan on the system design. The right of the United States, for example, to use a three necessary conditions: one is the public purpose; Second, the due process;Third, the fair compensation. British land expropriation must be approved by parliament. Germany the exercise of right of land expropriation must use of land by the principle of public interest preference. Secondly based on the national conditions,compared with the mature of the foreign tax legislation, inspired the merits of draw lessons from foreign tax system.The fourth part of the article, the legal regulation of the power of China's rural collective land expropriation of perfect path. On the basis of relevant theories,comprehensive legislation achievements both at home and abroad, tentatively puts forward relevant Suggestions of legal regulation of the power of land expropriation in China.
Keywords/Search Tags:Collectively owned land, Land expropriation, The public interest, The compensation, Rules and regulations
PDF Full Text Request
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