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China’s Land Expropriation Compensation System

Author: ChenHongZuo
Tutor: PengXiHai
School: Xiangtan University
Course: Legal
Keywords: Land land acquisition compensation defects perfect
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 207
Quote: 2
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Abstract


As China’s industrialization and urbanization process accelerated, the collection of rural land into land for new construction, the main way to expand the city size. As the core issue of land expropriation, compensation for land expropriation in the forefront of the social hot spots of concern for our community. The face of the preliminary market economy and its deepening of the existing limitations and drawbacks, Improving land acquisition compensation system, to explore the socialist market economy requires a new type of land acquisition compensation system, the legal system has become an urgent task facing it Improving the system for the land, Increase and management levels and to protect property interests peasants, regulate the government’s land acquisition and administrative actions to promote the work of land requisition compensation to market-based, legal system of the track, promote scientific development concept for the implementation and the socio-economic sustainable development, has important theoretical value and far-reaching practical significance. Land acquisition must be given appropriate compensation for land expropriation compensation than has the general characteristics of executive compensation, but also a subject-specific nature of the mandatory compensation levy and collection of compensation irreversible. The existence of land acquisition compensation system has its legitimacy, it can ensure fair distribution of justice, the inherent logic of human rights protection and to maintain social stability. Compensation for land expropriation in China has formed a "constitution" as the basis, "Land Management Law", "Property Law" and a package of legal and regulatory documents to support the system of land acquisition compensation legal system. As social and economic development, China’s land expropriation compensation system still has some shortcomings, mainly as follows: lack of range of reasonable definition of public interest, the lack of corresponding principles of land acquisition compensation, land compensation standard is unreasonable, land acquisition single form of compensation, land compensation procedures inadequate. In view of the land expropriation compensation system and improve the compensation system for land expropriation in China, substantive and procedural rules should be reasonable to define the scope of public interest, establish a fair compensation for the basic principles of compensation for land acquisition, land compensation standards by the market price of land diverse forms of compensation for expropriation, standard procedures for land expropriation compensation.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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