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Law Problems And Countermeasures In The Determination Of Rural Land Right

Posted on:2019-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y D PanFull Text:PDF
GTID:2416330566975531Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The implementation of the right to land in rural areas is related to whether the comprehensive reform of rural areas can be carried out in a stable and orderly way at this stage.If it is able to play the role of standardization smoothly,we can achieve the goal of stabilizing the circulation of rural land,which not only guarantees the basic rights and interests of the peasants in our country,but also plays a driving role in the rural well-off society of our country's modern agricultural society.The confirmation of land ownership is not only in line with the overall train of thought for rural development,but also provides an important guarantee for the rational and orderly flow of land.The right to declare iron certification is an important link in promoting the coordinated development of urban and rural areas,improving the basic operation system in rural areas,and protecting the legitimate rights and interests of farmers.Since 2010,a large number of central No.1 documents in China have been involved in the registration of the right of collective land for several times,which has pointed out the direction for the deepening of the reform of the land in China.In the accelerated development of urbanization in China and the rapid expansion of various infrastructure,more and more land is expropriated in rural areas.Along with the rapid increase of land value,the compensation for land expropriation is also increasing.When it comes to interests,more and more land ownership disputes begin to appear,such cases are controversial and limited.Long,difficult to conciliation,the loss is difficult to calculate.From the angle of law,in accordance with the Interim Regulations on real estate registration and the pertinent rules and regulations of our country,the construction of the work of land confirmation is reasonable and orderly,in addition to the effective protection of the legal rights of the residents,such as the important ownership,the usufructuary right,the security right and so on,and the validity of the legal level.Through the formation of the feasible measures,the legal rights and interests of the residents should be actively maintained by law in the context of deepening the rural reform in China,and it provides a powerful support for the reform,which is in line with the policy background of our country's rule of law.First of all,this paper combs the existing research,based on the existing policies,laws and regulations and legal issues related to the ownership of rural land ownership in China,thensummarizes the overall thinking and demonstration process of the paper,combining with the history and present situation of China's rural areas,and draws on the reference of the land reform system of several major foreign countries.The corresponding solutions are put forward accordingly.This paper is divided into four parts.At the beginning,the introduction introduces how to carry out the right of farmland ownership and the changes brought about by the social environment of reform to farmers' production and life,urbanization construction and the fulfillment of farmers' legitimate rights and interests.In addition,some general views on such problems in the literature and the overall thinking of the article are summarized.The first paragraph mainly clarifies various related concepts.Based on to the definition of the concept of property law,from the concept itself and on the interpretation of the concept of law,to clarify property rights,safeguard fair distribution of land transfer,land property rights and a series of application system construction provides a new train of thought.The second paragraph compares policy and procedural changes from a timeline perspective.For example,the time axis change of land is privately owned--state-owned--collective ownership,and the validity and rationality of ownership confirmation procedures are analyzed according to the change of land nature.It also points out some disputes and loopholes in program operation.The third paragraph introduces the land reform system of several major developed countries in the west,as well as some experience of China's land confirmation work.The fourth paragraph aims at the proposed measures to improve the vulnerability concept.Offered to first define the ownership from the macroscopic level to confirm the general direction,basic principle,the second for specific problems arising from the execution,and accordingly put forward rectification measures,ultimately to serve national reform policies,safeguard the ownership to confirm smoothly and better protect the personal rights and interests of farmers.
Keywords/Search Tags:rural land, land-ownership, land right confirmation, transfer
PDF Full Text Request
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