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On Legal Problems of "Urban-village" Transformation

Author: LiJing
Tutor: LiKeWu
School: Central China Normal University
Course: Economic Law
Keywords: Urban-village Collectivity-land Land-confiscation Social security Collectivity-economy
CLC: D922.29
Type: Master's thesis
Year: 2007
Downloads: 524
Quote: 3
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Abstract


At present, the whole society focuses on the problem of "urban-village" phenomenon, the academic research on which becomes more and more productive in law, economics, Sociology. Concerning the legal circle, the discussed themes are aiming at: the legal institution of land confiscation, the social security and re-employment of lost-land villager and the transformation problem of collectivity-economy. Peaceful Enforcing "urban-village" transformation has very important means of speeding the village urbanization proceeding, enhancing city status, and improving people’s living circumstances. The thesis includes five parts besides the general introduction.The first part with analysis of jurisprudence of balancing interests and the reasons (village status lifelong-system, non-commerce and government monopoly of land-resource, ambiguity of village-collectivity economic property, closed governance of village construction and urban-village isolation) of "urban-village" formation, we reach the inevitability and reform to the "urban-village" transformation.The second part is to analysis the legal problem regarding the collective-owned landing-right in terms of "urban-village" transformation. Because the present institution of the collective-owned landing-right has drawbacks, the transformation of "urban-village" should begin with landing-right and landing-system. The collective ownership land of "urban-village" shifting to state ownership could solve the problem, the method insure that our state could have more funds which will be invested in the "urban-village" transformation and using the land unification and effectiveness.The third part is to propose some suggestion concerning compensation of system to land-confiscation of "urban-village". At the problem of compensation of system to land-confiscation, "public-benefit" should be determined by the legislation. If the means of "public-benefit" is inaccurate, it may be abusive in the proceeding of land-confiscation. And the compensation sum of land-confiscation must consider the capacity of state and lost-land people’s living standard.The fourth part is to discuss the legal problem concerning "urban-village" security system establishment of village people who lose the land; Implementing the transformation of "urban-village" should let the villagers enjoy urban people’s common social security, and solve lost-land villagers’ survival issue, depending on the limited compensation and the social security is only insufficient, it should establish lost-land villagers’ employment security.The fifth part is to analyze the choice of the business enterprise organization to "urban-village" collective economy organization. This part has been explicit in the collective property scope, and has analyzed "urban-village" the collective economy organization’s present situation. The transformation problem of collective economy organization of "urban-village" should be supposed to treat distinguished, If the collective economy organization has economic potentiality, therefore, which could be suitable to use the form of the limited liability company, or it may be suitable to use the stock cooperation system, simultaneously《Corporation Law》should confirm the conventional person qualification of the stock cooperation system.

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CLC: > Political, legal > Legal > Chinese law > Economic Law
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