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Research On The Legal Issues Of The Distribution Of Value-added Income In The Collective Land

Posted on:2019-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z X ZhuFull Text:PDF
GTID:2416330542996770Subject:legal
Abstract/Summary:PDF Full Text Request
As a traditional agricultural country,land is of great significance to people,especially farmers.In reality,China has a huge population that accounts for one-fifth of the world's population.The area of arable land accounts for only 7%of the world's arable land.Per capita arable land is far below the world average.Based on China' s situation of many people and less land,the issue of land has always been a very important issue in China' s social life.Especially in recent years,with the steady development of the social economy,the process of urbanization has gradually accelerated.During this process,more and more collective land in the surrounding areas of the city has been collected by the state.This is an inevitable result of economic development.It is an objective law of urbanization and a necessary path for China' s modernization with Chinese characteristics.According to the existing legal provisions in China,collective land cannot be freely transferred to the land market.Only after the collective land is converted into state-owned land by the government can it be freely circulated in the land market.The government is also the sole legal subject of collective land acquisition in rural areas..The land has natural scarcity,especially land with development value around the city.The government usually expropriates land at a low price during the expropriation process,and then sells the land to the land construction and use unit at a high price.The conversion and use of the collective land is due to the nature of the collective land.In the process of transformation,land has generated a tremendous increase in value,and this part of value-added has many deficiencies in distribution.There are many problems that need to be resolved.According to the Constitution,the ownership of rural collective land is not owned by the peasants,and rural collective organizations are the owners of rural collective land.Farmers only have the right to use collective land in rural areas and do not have ownership of farmland.In the process of advancing urbanization,the government has public power and can legally collect agricultural land according to the current laws.This has caused "one injury" to the farmers,and has subsequently been multipled according to the value of agricultural land in the distribution of land value-added income.The method of calculation gives farmers compensation.This type of unilateral pricing by the government usually gives a relatively low level of expropriation compensation.It does not comply with China's current socialist market economy laws.This undoubtedly causes "secondary harm" to farmers..Agricultural land plays a crucial role for farmers,micro-levelly not only solves the employment problem of the majority of farmers,but also is the main source of farmers' income.At the same time,under the circumstances that the rural social security system is not perfect,it also plays a certain social security role for farmers.Macroscopically,it also has far-reaching implications for ensuring food security in our country,promoting social stability and order,and building a harmonious society in an all-round way.In this context,this paper analyzes the current status of the distribution of value-added income in China's rural collective land acquisition,and explores in depth the reasons for the unreasonable distribution of value-added income in rural collective land acquisition,and then adds value to land acquisition in some countries outside the region.The use of beneficial experience in the distribution of income,and efforts to explore the rational allocation of the allocation of value-added income in China's rural collective land acquisition.This article is divided into five parts.The first part is the introduction.This part mainly includes the description of the background and significance of this paper.At the same time,it makes a corresponding review of the current research results and summarizes the methods used in the research process.The second part is to discriminate and define some of the concepts involved in the distribution of value-added benefits in rural collective land acquisitions,and further explore the causes of land value-added benefits and the foundation of land value-added income distribution theory.The third part expounds the current situation of the distribution of value-added income in China's rural collective land acquisition and the various problems in the distribution of value-added income.The fourth part mainly selects several typical countries outside the domain to separately introduce the institutional experience of the value-added distribution of these countries in the process of land acquisition,and then summarizes the benefits of extra-territorial countries on the value-added benefits of the process of rural collective land acquisition.Experiences and Implications of Distribution.The fifth part deals with the beneficial exploration of fair value-sharing value-added gains from land acquisitions.It not only determines the principled norms,but also makes corresponding improvements in the land acquisition procedures and system construction,and also guarantees the protection of landless farmers.A certain amount of exploration.
Keywords/Search Tags:Land expropriation, expropriation compensation, value-added income, income distribution
PDF Full Text Request
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