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The Legal Research Of Buying A Share With The Right Of Claim Of The Land Expropriation Compensation In Countryside

Posted on:2019-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:H M WuFull Text:PDF
GTID:2416330545464921Subject:legal
Abstract/Summary:PDF Full Text Request
Compensation for land expropriation means that the state collect lands of the peasants collective economic organization for the sake of public interests,which caused the peasants collective economic organization lost the ownership of land.Therefore,the state should pay the corresponding price to farmers who lost their land.The function of compensation for land expropriation is to solve the contradiction between personal rights and public interests in the process of land expropriation.In order to protect the legitimate rights and interests of farmers,it is necessary to pay attention to the problem of compensation for land lost farmers.There are two main ways of compensation for land expropriation in China,One is to give a certain amount of money compensation,the other is to provide jobs.At present,in the practice of land expropriation,most local governments give a certain amount of compensation in a single amount,At the current level of consumption,these compensations can only be maintained for two or three years.The farmers will lose the long-term way to maintain their livelihoods without the guarantee of land.It is even difficult to maintain a livelihood when farmers wasted their compensation.In order to guarantee the reasonable rights and interests of the landless peasants,we must pay more attention to the optimization of the compensation system for land expropriation.There is a unique advantage on land expropriation compensation claim compensation for land requisition compensation over other land requisition compensation methods.The requisition of compensation for land expropriation can turn a compensation into a long term bonus,it can avoid the farmers launch out the compensation which caused no economic source.Further more,the cost of the traditional expropriation compensation is higher.It can truly reflect the real value of the land sharing with the right of requesting compensation for collective land.It can also return the value of land value to farmers,and make farmers and collective economic organizations enjoy the dividend of economic development.Although there are many points in the stock market,there are still some problems to be solved in the current stage of land expropriation compensation claim.Such as the valuation of stock value is too low,the main body of land requisition compensation is not clear,the right to protect farmers' income and the lack of preferred stock system,the right of participation of farmers is not the basis of company law,and the protection of farmers' right to exist is at risk when enterprises fail.In view of the above problems,we need to consummate the legislation.We should build a fair stock assessment system.It is also necessary to make special provisions on preferred stock system and the system of state responsibility for the rights and interests of farmers when the enterprise went bankrupt in Company Law.In addition,we should design the decision-making power for farmers to participate in managing company in order to guarantee the rights of the peasants.
Keywords/Search Tags:The Right of Claim of Compensation for Land Expropriation, Equity Main Body, Preferred Stock
PDF Full Text Request
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