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Research On Compensation Standards For Rural Collective Land Acquisition In China

Posted on:2020-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhangFull Text:PDF
GTID:2506306314987229Subject:legal
Abstract/Summary:PDF Full Text Request
The core issue of compensation for rural collective land acquisition is the compensation standard.Whether the compensation standard is reasonable or not directly relates to whether the land-expropriated farmers can obtain fair compensation.In recent years,a large number of rural collective land has been expropriated and requisitioned.China’s current land acquisition compensation standards are still not perfect and lag behind the development of market economy.The problem of rural collective land expropriation compensation has become increasingly prominent.Studying and perfecting the legal issues related to land acquisition compensation standards legislation is an important issue to protect the legitimate interests of land-expropriated farmers.The study on the compensation standard for rural collective land is based on the research on the legal protection of land property rights and subsistence rights of farmers.The farmers depend on collective land for survival.It should include both land contractual management rights and land development rights.The legal system of land acquisition compensation standards in China is based on the constitution,supplemented by laws such as the Land Administration Law and the Property Law.They are supplemented by administrative regulations and local regulations.China’s land acquisition compensation standards are developing in a specific direction.From the annual output value standard to the comprehensive land price standard for land acquisition,the compensation standards are continuously refined.The compensation standard for rural collective land expropriation still has problems such as small compensation range and low compensation standard.The reason is nothing more than the defects of China’s property rights system,the misplacement of government functions and the abuse of government power.They make the land acquisition compensation standard low.Based on the above analysis,under the premise of mutual confirmation and interpretation of theoretical research and empirical research,this paper takes the practice of Nantong area as an example.It deeply analyzes the theory of compensation standards for rural collective land,and proposes guidelines for land acquisition compensation standards in China.The market price determines the compensation standard to enable farmers to share the value-added income of the land.The method of land acquisition compensation claims has a unique advantage compared with other land acquisition compensation methods,and the one-time compensation for farmers will become sustainable compensation.The method can truly reflect the actual value of land and enable farmers and collective economic organizations to enjoy economic development divided.Further limit the discretionary space of local governments in disputes over land compensation standards,improve the land acquisition compensation proc edures,and form a relief mechanism that complements administrative relief and judicial relief.
Keywords/Search Tags:Rural Collective Land, Compensation Standard for Expropriation, Marketization Compensation
PDF Full Text Request
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