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Peasant land value-added benefit for the legal system of sharing research
Author: ZhaoNing
Tutor: DengGang
School: Southwest University of Political Science
Course: Economic Law
Keywords: Land Land value-added benefits Farmer Collective farmers Collective land
CLC: F301
Type: Master's thesis
Year: 2011
Downloads: 82
Quote: 0
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Abstract
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China has entered a rapid phase of industrialization and urbanization, urban land stock of land has been unable to meet demand, and collective land become an important source of urban land supply. Ownership of the land acquisition process in the whole performance of collective farmers land into state-owned land; land use in the performance of agricultural land into construction land. State through land - sell value-added benefits to achieve the agricultural land possession, and was also a way to realize the land to the assignee of the land value-added benefit sharing, as a collective land rights of farmers and the farmers did not share the collective land appreciation interests, which led to a series of questions. In fact, collective farmers and the farmers should share the majority of land value-added benefits, which is determined by collective farmers and farmers' ownership status of land rent theory and the development of China's special process decision. This paper argues that should reform and improve the land acquisition procedures, learn to vote in Chongqing and Tianjin \Based on the questions - analysis of the problem - problem-solving ideas for layout. The first part introduces the basic concepts of the existing land requisition system in the interests of farmers on the land value-added share situation and the lack of negative effects. Changing nature of the land plus land-use change to achieve a land value, the government and the majority of the land requisition value assignee share interests, farmers can only be based on the average value of the first three years of land compensation, this compensation can not even landless peasants to maintain their original living standards, mass incidents triggered a collective petition with the farmers and other issues; farmers can not share the land value-added benefits to the case began turning invisible land market, which is not only a violation of the provisions of land use control also a threat to the country's arable land security and food security. The second part focuses on the analysis of the peasant land value-added benefit sharing reasonableness and legal barriers. Whether from land rent theory, property rights theory, theory of market supply and demand point of view, or from the national practice, farmers should share the land value-added benefits, access to full compensation. In accordance with the theory of differential rent, collective farmers as a collective land ownership, farmers the right to use the land as a collective people should occupy differential rent I. In the case of uneven distribution of origin should be corrected on this, the original capital returned to the rural countryside, the original capital returned to agriculture agriculture; addition, according to \The fee is also taken in agriculture - allowing farmers to share the land value-added benefits. In accordance with the theory of property rights, collective farmers as a collective land ownership, farmers the right to use the land as a collective people should occupy land value-added benefits, but on the collective farmers and farmers into land acquisition compensation fee, in fact most of them are from the farmers collective investment in land improvement and should share most of the farmers, the land compensation fee assigned directly to farmers is a simple and fair distribution. China's current government performance evaluation model involving local authorities are keen to land, and eventually formed the \Government monopoly on land value-added benefits, land acquisition and land value-added benefits people sharing finally makes farmers get compensation does not maintain the original standard of living. The third part of the current grim situation, and proposed measures to deal with the following aspects. Legislation should further improve the land acquisition program will be the principle of openness, participation in principle, the principle of the hearing, publicity principle closely with diverse relief channels to reduce farmers 'losses due to land acquisition, protection of farmers' land as much as possible to share in the value-added benefits. To this end, the country conducted a variety of active exploration, such as the representative of the Guangdong Province to establish a unified urban and rural construction land market attempts; Tianjin's \Complement balanced and launched the \In addition, it is recommended to try include: floating through the land compensation pricing system to overcome simply to agricultural output value of the three years preceding the lack of compensation, land compensation will be introduced to the market factors in order to ensure the fairness of compensation to farmers and farmers' collective suffer as little as possible to share in the losses of land value-added benefits as much as possible. There have been set aside part of the land, the replacement land compensation, \problems can be overcome through system improvement.
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