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China’s Rural Land Expropriation Compensation System Research

Author: XuLiLi
Tutor: ZhongZuoHong
School: Nanchang University
Course: Legal
Keywords: Compensation System for Land Collection Landless Peasants afterLand Collection Rights Protection
CLC: D923.2
Type: Master's thesis
Year: 2012
Downloads: 254
Quote: 0
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Abstract


With the accelerated development of urbanization, the economic construction demands increasing land resourses, which will invariably prompt the government to collect farmland in villages, and lay an negative impact on peasant’s benefits. The compensation system of land collection planned to solve this problem legged behind the present market economic, which resulted in more more and more complaints and even violent fights, because of the worsen life of those peasants. Therefore, setting up a fair and reasonable compensation system for land collection will be of great significance in protecting peasants’benefits and constructing a harmonious society.This essay begins with the basic theory on the compensation system of land collection. It is the core of land collection system and the key to protecting peasants’legal rights. This essay analyzes the legal characters of the system----public interest, the sole collecter, righteous procedure of compensation and reasonable compensating meassures----which claims that the preposition of land collection is to satisfy the direct public interests and it is the time to rebuilt a new system and break the state’s monopoly status. Meanwhile, it points out that the land collection law is inseperable to the compensation terms and explains some theories, such as."well-being theory","social duty theory","burdern-sharing theory"and so on. among which "special sacrifice thoery" is more convincing.In the second part, it revolves around its lawmaking actuality and existing problems. The thesis concludes existing laws and rules concerning the compensation system of land collection in China, and then expounds compensation principles. compensation standards, compensation range, compensation methods and compensation procedures in detail.Third, it focuses on the root of existing problems related to the system. This thesis points out that there are mainly five problems appeared in the compensation system of land collection:out-dated principles, low standards, narrow range, simplex method, and disordered procedures, and we Chinese emphasizes state authority and pays less attention to civil rights----holds back the developments of land collection compensation; the relatively poor land market depends heavily on the planned economic system; the born drawbacks existed in the collective property rights of land. the weak situation of the leading status of property rights, the fee for land collection compensation is exploided frequently; the government ill-performs its role in the course of the deal and does harm to the peasants through lowering the compensation standard for the sake of its own well-being; the low level of social legality brings up severe corruption.At last, it is to better the present compensation system for land collection. It means to solve the problems. With the help of overseas advanced system and notions. the author puts forward his view on how to improve and reform the compensation system for land collection:to establish just and rational compensation system of land collection; to improve compensation standards, to enlarge compensation range, to enrich compensation methods and to regulate compensation procedures stictly and perfect rescue measures.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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