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On Compensation Standard of Rural Land Levy

Author: LiZiJuan
Tutor: ChenZhi
School: Southwest University of Political Science
Course: Economic Law
Keywords: Rural Land Levy Compensation Standard Chongqing
CLC: D922.32
Type: Master's thesis
Year: 2012
Downloads: 56
Quote: 0
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At present, as our country’s urbanization, industrialization development tospeed up, and of farmland demand also greatly increases. As our country’s currentland expropriation compensation system is the product of the planned economy, in thesystem of market economy, each kind of malpractice caused by the planned economycondition is appearing suddenly, for excample, the scope of land levies compensatesis narrow,compensates standard excessively low; farmers’ rights were not guaranteedwell, land disputes are constantly emerging, land expropriation will be blocked, and atthe same time it will effect social stability.The compensation standard of the land levies compensation system is the core ofthe land levies system.It is playing the key role.The so-called land expropriationcompensation standard refers to lose may obtain compensates and the degree mayobtain. Though our country at present has provided the specific standard of landcompensation, but compensation fees are calculated by the average annual outputvalue in farmland, which do not consider that the land’s functions refer to a farmer’sjob, production material and survival, more do not consider the rising prices of theinfluence of the compensation, which caused a lot of debate and disputes. Make areasonable land expropriation compensation standard, has very important significancefor reducing the current social contradictions, and ensuring the successful landexpropriation.In this paper the compensation standard is the research object. Taking liangjiangNew Area of chongqing city as an example, through the investigation of the first-handinformation,it gets the prolems of Chinese land expropriation compensation standardin the concrete implementation, and further explores the root cause of these problems,and then puts forward the relevant suggestion to perfect our country landexpropriation compensation standard. This article is divided into six parts: First, theforeword mainly expounds the research background, significance, the relevantacademic point of research at present and the research method and innovativepoints;and the first part of main is to present the specific provision of landcompensation standard, including of local and national related legislation;and thesecond part introduces the common problems of China land requisition compensationstandard,which is based on the empirical analysis method and is in combination with the specific research of Chongqing;the third part is to seek the root caus of theproblem;and the fourth part, on the basis of the third part, gives some suggestions onhow to perfect our country’s land expropriation compensation standard:establisllingthe principle of levy compensates in our country constitution; following marketprinciples, and determing the price of land compensation; Confirming the collectiveland property rights;expanding compensation range and improving land expropriationcompensation standards.This article is based on the current land expropriation compensation standardimplementation in practice, and tries to establish scientific and reasonable landcompensation standard, which is used to guide the actual land expropriationcompensation work, to reduce land disputes from the collection, to protect farmers’legal rights.

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