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Research On Issues And Countermeasures Of Compensation Standards For Collective Land Acquisition In Our Country

Posted on:2022-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q YanFull Text:PDF
GTID:2556307040460964Subject:Law
Abstract/Summary:PDF Full Text Request
Although my country’s collective land expropriation and compensation standards have undergone many changes to conform to the continuous development of society,it has not jumped out of the category based on multiples of annual land output value.Moreover,the specific standards are led by the local government,which has caused many disadvantages objectively,such as low expropriation compensation standards and unclear compensation content.In the newly revised Land Management Law in 2019,the expropriation compensation standard has been changed from the long-standing land output value multiple method,and the comprehensive land price method has been innovatively used as the new expropriation compensation standard,and in order to effectively avoid farmers’ factors.Excessive losses due to land acquisition,new compensation items such as social security fees have been added.This is an obvious progress,which has strongly promoted my country’s progress in the compensation standards for collective land expropriation.However,although the progress is obvious,the problem of expropriation and compensation standards still exists more or less.Land is the spiritual sustenance of Chinese people,especially Chinese farmers.Land acquisition has caused conflicts.For example,farmers who quickly returned to poverty after getting rich overnight due to land acquisition,poor people whose lives were unsustainable due to land loss,and some bad real estate.The forced demolition by the Shang Dynasty triggered many mass incidents.This article aims to solve several problems that plague my country’s expropriation and compensation standards,and contribute its own meager power to my country’s next promotion of urbanization.This article is mainly divided into three parts:The first part is the theories for the determination of compensation standards for collective land expropriation in my country,such as the theory of property security rights,the theory of government behavior and the theory of special sacrifices.By summarizing the theoretical basis,the basic model of compensation standards and the consideration factors of compensation standards,we can get the current relevant Progress of theoretical research.The second part is my country’s current collective land acquisition compensation standards and existing problems.Through specific analysis of the calculation basis of the regional comprehensive land price method,the current problems in the current land acquisition compensation standards are derived.The main reason lies in the excessive decentralization of formulation rights and the compensation standards are still low,And incomplete compensation projects.The third part combines the reasons for the above-mentioned problems and puts forward my suggestions on improving the compensation standards for collective land acquisition in our country.It is hoped that the methods of clarifying expropriation compensation principles,enriching compensation functions,and improving related dispute resolution mechanisms will eventually enable collective land expropriation compensation standards to effectively balance the public interest and the personal interests of land-losing farmers.Effectively promote the protection of property rights for rural farmers.
Keywords/Search Tags:Collective land, Expropriation compensation standard, Comprehensive land price
PDF Full Text Request
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