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Study On Compensation Range Of House Expropriation On Collective Land

Posted on:2020-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2506306308451844Subject:legal
Abstract/Summary:PDF Full Text Request
The scope of compensation for house expropriation on collective land is the core part of house expropriation and compensation on collective land.The scope of compensation is too narrow,and the compensation for direct loss and indirect loss is incomplete,which will make it difficult to effectively protect the legitimate rights and interests of the expropriated person.The scientific and rationality of the scope of compensation for house expropriation on collective land is related to the sense of acquisition,happiness and security of the expropriated person,which is related to the fairness and justice of the society.With the acceleration of China’s urbanization process,a large number of houses on collective land are used by the government for economic construction and other purposes,and with the further development of the economy,the collection of houses on collective land will be further expanded.The Seventh Session of the Standing Committee of the 13th National People’s Congress reviewed the Land Administration Law of the People’s Republic of China(Amendment Draft)and improved the land acquisition system in terms of narrowing the scope,standardizing procedures,reasonable compensation,and multiple guarantees.As a part of land expropriation,house expropriation on collective land,in-depth study of its compensation ’ scope in the current context,plays a very important role in further improving the compensation for houses on collective land and protecting farmers’ rights and interests.This paper first defines the scope of house expropriation on collective land and expounds the significance of institutionalizing the scope of compensation for house expropriation on collective land.Then,through the analysis of the current status of compensation for houses on collective land,it finds and summarizes the current houses on collective land.There are several problems in the system of expropriation of compensation:First,the value of the right to use the house site in the compensation scope of the house on the house site is underestimated,and the incidental interest of the house is neglected.Second,the compensation scope of the enterprise on the collective land is not given.The compensation status of the collective construction land use right and the compensation for the suspension of production and business suspension are unreasonable;the third is that the land appreciation income is neglected.Then,this paper analyzes the institutional causes of the problem of compensation scope for houses on collective land.Finally,it is also a very important part of this paper.It proposes the improvement of the compensation scope system,including:firstly,establishing a unified compensation system for housing expropriation on collective land;second,it is necessary to fully compensate the economic losses of the expropriated person.Clarify the principle of compensation,and secondly expand the scope of compensation for enterprises on houses and collective land on the house site,and finally clarify that the expropriated people share the value-added income of the land;third,further promote the public participation system.
Keywords/Search Tags:collective land, house expropriation, perfect compensation range
PDF Full Text Request
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