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The Research of Land Acquisition to Protect the Interests of Farmers

Author: SongJunLi
Tutor: WangZhiBin
School: Northwest University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Land acquisition Interests of farmers the standard of Compensation Land dispute settlement mechanism
CLC: D922.32
Type: Master's thesis
Year: 2009
Downloads: 73
Quote: 1
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Abstract


With the rapid economic development and the acceleration of urbanization process, a large number of land requisition was collected. Were collected before and after, the value of earth-shaking changes have taken place was a great leap forward, as the peasants and farmers, landowners should be a collective interest to share those. However, in actual operation, the farmers and the collective interests of the farmers was extreme neglect and weaken, resulting in land caused by the incidence of land petitions, land disputes often lead to conflict, a serious breach of our building of a harmonious society. Necessary to adopt specific laws and regulations and specific measures to give the interests of farmers of land acquisition to protect and build our harmonious society.China’s land is under state ownership and collective ownership of farmers in two ways. In this paper, the farmers on the land is collectively owned land, the farmers said that the interests of the collective land of peasants were levied after the expropriation of peasants and farmers should be the collective benefits.China’s land acquisition process of the main problems are: (1) land compensation standard is relatively low resulting in serious damage to the interests of farmers, the farmers can not meet a single compensation demand reality.(2) In the process of land acquisition has not been sufficient farmers the right to know and participate. (3) land disputes settlement mechanism unreasonable and unfair is not conducive to a fair settlement of land disputes. To resolve the above issues must be on China’s current land acquisition system for analysis and abroad through the land acquisition system, compared to each other to improve our country’s land acquisition system in order to maximize the process of land acquisition to protect the interests of farmers.To resolve the above issues must be on China’s current land acquisition system for analysis and abroad through the land with the system compared to each other to improve our country’s land acquisition system, to maximize the protection of the land acquisition process in the interests of farmers.In order to more effectively regulate the various land acts, a greater extent to protect the interests of farmers, to establish a "Land Acquisition Act" imperative. "Land Acquisition Act" should be taken to focus on the establishment of model-based legislation can be more systematic protection of the interests of farmers. The laws should be mainly from the clarity of property rights, collective farmers and accurate positioning; improve the land requisition compensation standards, improve the land requisition compensation; the establishment of a fair and equitable dispute resolution mechanisms for land to build.

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