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The Land Requisition Compensation in China

Author: LuoJianYu
Tutor: LiMingHua
School: Sichuan Normal University
Course: Constitutional and Administrative Law
Keywords: rural land confiscation compensation checking and reviewing lawmaking suggestion
CLC: D922.32
Type: Master's thesis
Year: 2013
Downloads: 30
Quote: 0
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Abstract


Urbanization leads to the transfer of Property and use in land of necessity. A full blasteconomy developing and city’s infrastructure construction demand the original area of cityextending to the suburban district. Therefore land requisition becomes the essential tools ofmodernism of which urbanization is the important content. It accumulates large amount ofland and capital for the development of the urban and the country.Through case analysis and study of our legal system, this writer improves that landrequisition compensation in terms of Constitutional Law and Administrative Law not onlybelongs to the research contents of the citizen’s property protection and nationalcompensation law. Because of the principle of land requisition compensation in China is toprotect the basic living standard of people whose land is requisitioned, the writer tries todiscuss the influence and remedial measures on civil rights from the system of landrequisition system.This article adopts the Empirical analysis method and the logical analysis method. The former uses todata collection and analysis of the background, while the latter uses to the analysis of the content andstructure of the system. Chapter1describes the concept and theoretical origin of land requisitionsystem, which sets the stage for the analysis of existing problems of it. Chapter2brieflyintroduces current situation, existing problems, and further, the reasons of the problem ofthe land requisition system combining with true examples, which sets stage for the perfect ofrural compensation system. Chapter3combines foreign advanced system with the situation inChina. Chapter4discusses the legislation of land requisition on the basis of the research ofmeasurement of it.The principle and the purpose of land requisition compensation in China is to protect theliving right of farmers whose land is requisitioned. This system is formation and changes inthe rural community gradually, influencing by the farmer petition and the interests ofpolitical power. In our country, the land requisition compensation is changing with thesociety, protecting right of work turn to urban social security. But the living right of farmerswhose land is requisitioned is still not be completely protected. Theoretically, farmersprotect their right by justice. Practically, farmers protect their right by a large of politicalway (petition, e.g.). So, it is important to protect the private rights of farmers whose land isrequisitioned.

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CLC: > Political, legal > Legal > Chinese law > Land Law > Agricultural Land Law
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