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The View of Ecologylaw on Acquisition System of Land Use Right for Rural Homestead

Author: ShenJiaJie
Tutor: TianXinQiao
School: Zhejiang Forestry University
Course: Environment and Resources Protection Law
Keywords: Land use right Ecological Law Ecological Law Perspective Examine
CLC: D922.32
Type: Master's thesis
Year: 2010
Downloads: 52
Quote: 0
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Abstract


Study and improve the land use right system, not only is an important land management system , but also an important ecological civilization . What values ??to reconstruct the system of land use right , embodies a new human civilization values ??show on the construction of legislative and legal systems . Papers by combing related concepts and historical review and analysis of the system of land use right under our traditional perspective , pointing out that such a system arrangements brought about by the significant defects, such as too much emphasis on the validity of rural land resources , lack of concern for ecological security function of rural land resources ; emphasis on the use of the homestead while ignoring the homestead layout unreasonable waste of land resources ; attention to the punishment of the actual illegal consequences of rural land law enforcement and the lack of rural land resource damage the ecological damage . The paper pointed out the traditional homestead right to use the existence of the system at the same time , in-depth analysis of the reasons for these problems exist . That the homestead legislation and System Construction of ecological values ??has not been well established , environmental ethics is not effectively implemented , weight management light ecological concept is still dominant , the practical effect of light weight village-level planning of the ecosystem, Contact and so on. These basic issues , the paper put forward some new ideas in the context of ecological law and improve the system of land use right of the new requirements , and thus put forward in the context of ecological law , from four aspects should be re- configuration of land use right system , that is, to re-examine the land use right of basis points and the center of gravity of the system ; rationalization of land use right for the initial allocation of the system ; reform homestead utilization and protection system ; establish homestead compensation for the use and restricted transfer system .

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