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Collective Land Expropriation Compensation Research In China

Posted on:2017-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:D J ChenFull Text:PDF
GTID:2346330536974810Subject:Law
Abstract/Summary:PDF Full Text Request
China's collective land expropriation compensation system is relatively backward,the lack of specialized administrative laws and regulations,only a small number of departmental regulations or administrative regulations to make provision,such as "Land Management Law" and "Land Management Law Implementation Regulations." Because of the backwardness of the system,many problems in practice can not be effectively solved.The problem of unreasonable compensation range still exists.The way to obtain compensation for land acquisition is single,and the procedure from land acquisition to farmer compensation is rough.The actual market value of the land there is a gap,the benefits of land acquisition compensation can not be effectively distributed to the hands of farmers,there is the issue of unfair distribution,the number of serious violations of legitimate rights and interests of farmers.Collective land due to violations of peasant collective rights arising from the collective conflict is not uncommon,has become the most prominent and serious social focus of one of China's social stability and economic development of health has a very negative impact.The essence of socialism requires the state to protect the rights and interests of farmers and improve the rural land expropriation compensation system is an effective way to solve the existing problems,to effectively protect the rights and interests of farmers and stabilize the development of rural soil is to achieve the building of a new socialist countryside strategy Objectives of the important measures.This article first studies the meaning,nature and characteristics of the collective land expropriation compensation,narrates the relevant jurisprudence and doctrine,and then points out the problems of the collective land expropriation compensation in our country,including the lack of legislation level,the imperfection of the compensation and resettlement mechanism and the dispute relief And then use the comparative analysis to explore and learn from the United States,Germany,Japan and China's Taiwan region of the land expropriation compensation system;This study will solve the problem of farmers' land expropriation compensation to the specific area of the local area,and from the aspects of improving the rules and regulations in the collection of compensation to fully ensure the participation of farmers in the main position to establish the right of farmers to participate and the right to know,Methods,cost allocation,etc.to listen to the views of farmers,the implementation of the land rights of farmers.
Keywords/Search Tags:collective land expropriation, compensation, procedure, dispute settlement
PDF Full Text Request
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