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Study On The Rationable System Of Compensation For Houses Expropriation On Collective Land

Posted on:2021-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuFull Text:PDF
GTID:2416330629982409Subject:legal
Abstract/Summary:PDF Full Text Request
The Law of Land Administration of the People's Republic of China,which was newly revised in 2019,has made clear and detailed stipulation for the expropriation and compensation of peasants' houses,which provides a law guarantee for the realization of the rural revitalization strategy,the solution of issues concerning agriculture,countryside and farmers,and the protection of peasants' legitimate rights and interests,and it has extremely important legal significance of many existing problems of compensation for house expropriation on collective land.By analyzing the existing research results,it is found that the current theoretical research distribution of compensation for house expropriation in Chinese law circles shows a polarizing trend.In general,it is relatively sufficient to study the compensation for house expropriation on collective land and on state-owned land.Some of the research results have great practical value,but the research on the system of compensation for house expropriation on collective land has not received much attention in academic circles,resulting in a relatively small number and low quality of research results.Although the rationality of compensation for house expropriation on collective land has been mentioned in some studies,the research is not thorough enough and there are many deficiencies.Therefore,this paper conducts a statistical analysis of judicial judgments on unreasonable disputes over compensation for house expropriation on collective land,and tries to find out unreasonable problems of judicial practice at this stage in China.In response to these problems,from the aspects of the scope of compensation,the method of compensation and the compensation standards,and the project of compensation,this paper aims to put forward practical measures and suggestions to improve the reasonableness of compensation for house expropriation on collective land,which has far-reaching theoretical and practical significance for the institutional research on the rationality of compensation for house expropriation on collective land.Based on the practical value and significance of researching the rationality of the compensation for house expropriation on collective land,this paper takes it as a research object and uses the method of literature research and the method of statistical analysis to study it in depth.For this reason,the structure and content of this paper are as follows: The first part is the introduction,which mainly explains the research background andsignificance,research methods and the content of this paper,the research status of the compensation for house expropriation on collective land,and the innovation point of this paper.The second part is the scientific basis of the rationality of compensation.The third part is the statistical analysis of the judicial decision on unreasonable disputes over compensation for house expropriation on collective land.The fourth part is the unreasonable problems and reasons behind the compensation for house expropriation on collective land.Through the analysis of judicial decision and current status,this paper aims to find the existing unreasonable problems and to explain the reasons behind them.The fifth part is the practical measures and suggestions to improve the rationality of compensation for house expropriation on collective land.Through the research,it is found that there are unreasonable problems in the compensation system of house expropriation on collective land in China such as narrow scope of compensation for expropriation,single method of compensation for expropriation,low standard of compensation for expropriation,insufficient and untimely compensation for expropriation.In order to solve the above problems,we must make clear the scope of expropriation compensation,improve the way of expropriation compensation,standardize the standards of expropriation compensation and ensure that the expropriation compensation is full and timely,and further improve the rationality of the compensation system of house expropriation on collective land.
Keywords/Search Tags:Collective land, House expropriation, Reasonable compensation
PDF Full Text Request
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