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The Study On The Rightsand Interests Protection Of Condemnee In The Process Of Rural Land Expropriation And Compensation

Posted on:2018-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2336330515999458Subject:legal
Abstract/Summary:PDF Full Text Request
In the process of industrialization and urbanization in developing countries,the collection and use of land is an indispensable part,and thus disputes in land acquisition are endless.This is not just a problem that is common to all countries at present,as the largest developing country in the world,the current land legal system is still relatively backward and imperfect to the developed countries,and does not attach importance to the rights protection of the condemnee in the land acquisition process,which leads to the occurrence of land acquisition disputes.With the popularity of the concept of the rule of law,strengthening awareness of individual rights,we should pay more attention to improving the protection of the rights of condemnee in the process of land acquisition.The paper adopts the case analysis method,the literature research method,the research research method and the comparative law research.The case analysis is mainly to select the real case in practice,analyze the existing problems and controversial points.The literature research method mainly studies the domestic and foreign literature on land expropriation and the latest laws and regulations.The research method is mainly the use of questionnaires and in-depth interviews with the way to study.Comparative research is mainly through the study of foreign land levy legislation in the definition of public welfare,land compensation standards,dispute relief and other content and China's comparison,to make the analysis method.The paper introduces a case of dispute among the land condemnee during the land expropriation in our country,sums up the controversial problem found from the case.Secondly,through the legal analysis of the main issues of the case,this paper exposes the lack of rights protection of the land condemnee,which is divided into substantive rights,procedural rights and relief rights.Thirdly,learn from developed countries and international financial companies' ?environmental and social sustainability policies and performance standards?,abroad in the land acquisition process of land expropriation practices of he rights protection of the land condemnee,get inspired.Finally,the right medicine,provide some suggestions for perfecting the guarantee and relief mechanism for the rights of the land collectors.
Keywords/Search Tags:Land expropriation, Right protection, Land condemnee, The public interest
PDF Full Text Request
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