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The Legal Protection Of Farmers' Land Property Rights

Posted on:2018-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhouFull Text:PDF
GTID:2346330566950297Subject:Constitution and Administrative Law
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The legal protection of farmers' land property rights has a profound impact on social stability and development.At present,the legal protection of land property rights of farmers is confronted with a series of problems,such as the infringement of private rights from public power,the increase of land disputes and the variety of forms.There is an urgent need to strengthen the legal protection of farmers' land property rights through legislation,law enforcement and judicial cooperation.In the introduction,the paper introduces the background and the purpose of the topic selection,and combs the research status of the property right and the famers' land property rights in theoretical and practical circles at home and abroad,and explains the methods of writing and the overall structure of the paper.The main part of the paper uses the multidisciplinary research method,discusses the basic theory of the famers' land property rights from the basic concept and the reality of our country,demonstrates the achievements and the existing problems in the protection of the famers' land property rights,and puts forward the corresponding countermeasures on the protection of the farmers' land property rights.The main body of the paper consists of three parts: Firstly,the paper outlines the basic theory of the legal protection of the land property rights of farmers,defines the concept and characteristics of the farmers' land property rights,and holds that China's national and economic system determines China's land system is the world's unique land system,the land property rights of farmers in China have its own characteristics.And then the paper discusses the function and characteristic of legal protection of farmers 'land property rights,and puts forward that the legal protection of farmers 'land property rights is facing new problems in theory and law.And legal protection of farmers' land property should be carried out in the context of our country.Secondly,it shows the current situation of protection of famers' land property rights in China from visions of ownership,rights to the contracted management,land expropriation,farmers' land property rights,legal relief and etc.Thirdly,on the basis of summarizing the achievements of the legal protection of the land property rights of famers,the paper concludes that the legal protection of the land property rights of famers in our country is still inadequate in terms of legislation,law enforcement and legal relief.This deficiency has affected the deepening development of the reform,which puts forwards an urgent need to improve the legal protection of farmers' land property rights.Lastly,the paper puts forward the countermeasures of legal protection of farmers' land property rights.It is believed that perfecting the legal protection of farmers' land property rights should be based on our countries national and basic economic system,and the legal protection of farmer's land property rights should be considered as a systematic project.Legislation,law enforcement and judicial cooperation mechanism should be established and then perfect the legal protection of the land property rights of famers;in legislation,law enforcement and legal relief.We should make policies as soon as possible into laws through the establishment of a legal system revolving around the constitution to protect the famers' land property rights,and perfect the land ownership,the land use right,land expropriation and other legal systems.We should improve the quality of administrative law enforcement through standardizing administrative behaviors to achieve administrative goals and establish service-oriented government.We should ensure that the legal protection of civil rights system gives full play to functions through the improvement of legal relief system so as to truly realize the rights and interests of farmers' land property.
Keywords/Search Tags:land property rights, famers' land property rights, land legal system, legal protection of famers' property rights
PDF Full Text Request
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