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Research on Compensation for Mandatory Restoring State-Owned Land-Use Right

Author: ChenShang
Tutor: WangKeWen
School: Suzhou University
Course: Constitutional and Administrative Law
Keywords: MCE State-owned Land Use Rights Public Levy Executive compensation
CLC: F301
Type: Master's thesis
Year: 2010
Downloads: 220
Quote: 1
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Abstract

Beginning in the late 1980s, the state-owned land use rights system, is drawing on Hong Kong's \The system does not change the system of land ownership under the premise, give full play to the land of capital property, it can be used as an important means of production are free to enter the market areas, in order to improve the operation of China's market economy played an important role. Because land use rights closer to the market economy, making the transfer of land use rights naturally become the core of our system of land use and protection of private rights of focus. Property socialization theory that private property will bear any social obligations, that is, in the public interest under the conditions required in the public interest and private interest in conflict, the public-private interest shall meet the requirements specific to the state-owned land use rights rather words, due to the public interest, the state can follow the legal procedures will have been granted the right to use state-owned land to be recovered. However, the protection of private property are the same as the focus of national legislation, how to balance the balance between private interest and public relations, expropriation compensation system has become the focus to be solved. In our country, the law provides that \life and development has been used, the use of the actual situation of land appropriate compensation. \Due to the current legislation has continued with the provisions of this principle, the need for some definite problems, such as the right to use force to recover the nature of state-owned land, the compensation standards, methods and procedures such as the lack of detailed regulations, resulting in a real operation , the land use rights of the legitimate rights and interests can not get good protection. Therefore, how the Constitution and the laws under the principle through the relevant Perfection, the national MCE state-owned land use right power to make the necessary regulation, only makes the public interest to be realized, there are guaranteed transfer of land use rights not infringed. This article discusses how the focus is on state-owned land use rights MCE Compensation System to strengthen the land use rights of the protection of legitimate rights and interests. This article about 30,000 words, in addition to a total of three sections preface and epilogue. The first part of the Mandatory Call of state-owned land use right of the basic theory. In this section, the paper points above the four aspects: overview of state-owned land use right of state-owned land use right to recover the meaning of state-owned land use rights and the recovery of the legal nature of the behavior of state-owned land use rights and the recovery of the relationship between land expropriation . This part of the system of state-owned land use right to sort out at the same time, boldly proposed to recover the right to use state-owned land is a public collection of behavior and discourse on this basis MCE state-owned land use rights and land expropriation and the similarities and differences between place. The second part of the state-owned land use rights MCE Compensation Analysis. In this section, the paper points above the three aspects: state-owned land use right to recover compensation for legislative development, the existing compensation provisions of the deficiencies and their causes as well as compensation for recovery of land use rights in two urgent issues clearly. This section discusses our compensation system in the history and development of the foundation, pointed out the lack of relevant legislation and its causes, and clearly the two easily confused in the real problem, namely premium refund or compensation for house demolition The median price in the area is a land use right to recover compensation category. The third part of the state-owned construction land use right MCE new mechanism for compensation. In this section, the paper points above the three aspects: a clear scope of public interests, to determine just compensation standards and the establishment of state-owned land use right to recover statutory compensation system. This section first discusses the scope of the public interest to determine the importance of standards and clear compensation, because it is both a prerequisite for initiating recovery, a fundamental basis for compensation is clear that only after these two aspects to be determined to achieve the right to recover Compensation Program. In the establishment of state-owned land use right to recover statutory compensation institutionally, this article discusses five aspects: a clear state-owned land use rights MCE compensation body, a clear recovery of state-owned land use right compensation range, establish a sound compensation and norms program, the introduction of a neutral rating agencies and improve the valuation process, the establishment of the Special Court of Justice ruling to achieve compensation.

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