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Innovation And Improvement Of Collective Land Expropriation System In China

Posted on:2019-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:H A ZhangFull Text:PDF
GTID:2346330542997706Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years,unreasonable and illegal land acquisition caused many social chaos:over-expropriation of collective land resulted in serious waste of land resources;the procedure of land expropriation was not open and transparent,and the expropriated peasants could not participate effectively;the compensation principle of land expropriation Missing,low compensation standards,a single mode of compensation.The premise of public interest is not clear,resulting in a wide range of land acquisition;the land acquisition procedure is not transparent and the affected people can not participate equally;the principle of compensation for land expropriation is missing and the compensation standard is unreasonable.The interconnection between these three issues is a prominent manifestation of the drawbacks of the compensation system for collective land expropriation in our country.The reform of "Trinity Land" is the general direction of the reform of China's land system.There are many innovations in the reform of the land acquisition system in the pilot areas of "Trinity Land",which include the following aspects:Firstly,the definition of public interest is more specific,Make a list of land acquisition and make a list of types of public welfare construction.Secondly,to improve the democratic consultation mechanism with the peasants whose land has been expropriated,the land acquisition procedures are more standardized.Finally,with regard to the compensation for collective land acquisition,the compensation calculation standard is reestablished based on the comprehensive land price of the area,and the land-expropriated peasants are included in the pension service system and medical security system so that the basic livelihood of land-expropriated farmers can be effectively protected.The system of collective land expropriation in our country has not adapted to our national conditions in many aspects.Based on this,the author studies the reform measures of collective land acquisition in Jinzhai County of Anhui Province,Dingzhou City of Hebei Province and Wujin District of Changzhou City in the pilot reeform of "Trinity Land",confirms that the pilot areas strictly define the public interest and reduce the land acquisition Scope,improve the land expropriation procedures,improve the compensation standards achieved results.The "Trinity Land"pilot areas boldly explored,but there are still some shortcomings in some specific aspects.The main features are as follows:First,the restriction function of the public interest premise is not satisfactory.The lack of explicit exclusionary provisions in defining the public interest in the pilot areas and the multiple purposes of "urban planning" as the acquisition of collective land have greatly jeopardized the effectiveness of the public interest in restricting land acquisition.Second,the process of land expropriation is still not perfect.Although the pilot areas made clear the procedures for notifying the land acquisition,publishing the investigation results and organizing the land acquisition hearing,the procedures for land acquisition are still internal procedures.The hearings are often in the form of poor operability and lack of participation of land-expropriated farmers.Third,there is a lack of clear principles of compensation in legislation.In our current legal system of collective land expropriation,there is no stipulation of the principle of compensation.In the pilot areas of "Trinity Land",there is no explicit stipulation on what kind of compensation principle should be established.The principle of compensation directs the criteria and methods of compensation for expropriation,The lack of principles is unfair to the land-expropriated peasants and there is a big gap between them and the balance of interests.Fourth,the compensation standard is low,the scope of compensation is narrow.Pilot areas have been used to determine the comprehensive compensation for the area of land prices,although progress,but still the government unilaterally priced,and the annual output multiple is no essential difference.Fifthly,in the way of compensation,our country uses the form of resettlement subsidy to carry out a single monetary compensation.This kind of compensation makes the original means of production of peasants turn into living materials in the form of money.Coupled with the relatively low resettlement subsidy,It is difficult for landless peasants to maintain their basic living in the future.Pilot areas are trying to establish other compensation methods,such as land-expropriated farmers into the social security system,but the relevant measures still need to be combined with the actual local.Improve the system of collective land expropriation in China,I agree to establish the principle of complete compensation,in strict accordance with the premise of public interest for land acquisition,improve compensation standards,enrich the form of compensation.This will not only protect the land resources,but also guarantee the living standards of the peasants after the expropriation of the land and safeguard their property rights and interests so that the land-expropriated peasants can share the fruits of reform and development in the process of urbanization.
Keywords/Search Tags:Collective land expropriation, Land requisition compensation, The public interest
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