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Legal Analysis of the collective land acquisition compensation system

Author: QiaoNing
Tutor: XueXiaoJian
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Collective land compensation for land acquisition Property Rights of Citizens Farmers' land rights
CLC: D922.39
Type: Master's thesis
Year: 2011
Downloads: 136
Quote: 0
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Abstract


Contemporary World countries generally provided in the Constitution provisions to protect citizens' property rights, and to give the country to impose a public purpose expropriation of property of citizens of the powers, but they are strictly forbidden to deprive citizens of their lawful property without compensation, States are required to give the property expropriation and requisition compensation. Land as an important property with special attributes, its acquisition and expropriation and compensation provisions are generally derived directly from the Constitution and various provisions on the protection of civil rights according to the Constitution, especially the protection of property rights basis points . It can be said that the land expropriation and requisition land requisition compensation in constitutional terms of the relationship of inseparable lips and teeth. Land expropriation and requisition in the scope of application of the system of collective land requisition compensation mechanism to cut the angle of view, and strive to be on the entire basic constitutional rights protection system, to examine and assess the development status of China's collective land acquisition compensation system based on the under the framework of the analysis to explore collective land acquisition compensation system the reasonable core and essence of the system, to learn from foreign countries and China's Hong Kong and Taiwan Compensation System mechanism of legislative experience, and ultimately from a constitutional point of view to explore the improvement and perfection of China's collective land acquisition compensation system the correct path. From a structural point of view, the text is divided into four chapters. Chapter One: China's collective land acquisition compensation system overview. This chapter begins with the collective Compensation System Acceptance Subject, and then analyze the legal basis of the system, which focuses on the analysis on the basis of the theoretical basis for the inductive principle of land acquisition compensation system. Chapter II: Historical Changes and Assessment of the Status of China's collective land acquisition compensation system. This chapter summarizes since the founding of the historical changes of the collective land acquisition compensation system overview to start the legislative status quo of China's collective land acquisition compensation system in-depth inquiry, thus revealing the problems in China's collective land acquisition compensation system. Chapter III: Compensation System comparison and explore. A comparative study in this chapter take the basic pattern of the civil law, common law countries as well as China's Hong Kong and Taiwan in the land acquisition compensation system and legislative rules, in order to improve our collective land acquisition compensation system and related legal measures to establish reference blueprint, reserves and thus to promote the development of the system can learn from the experience. Chapter 4: China's collective land acquisition compensation system to improve and perfect. This chapter is the core chapters, stressed the purpose of public interest and collective land acquisition compensation system legitimacy solidarity due process to achieve collective land acquisition compensation system the benign operation and public participation enhance public confidence in the effectiveness of the system of collective land acquisition compensation, at the same time to explore the collective land acquisition compensation benign problem dispute resolution mechanism. Ultimately concluded that the establishment rooted in China's legislative practice, in line with the concept of our Constitution and adapt to the future direction of development of the rule of law, collective land Compensation System and the interests of national interests and the interests of the collective and individual farmers unite to ensure the protection land rights of farmers is a long-term solution, in order to truly and effectively solve the \

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CLC: > Political, legal > Legal > Chinese law > Land Law > Requisition for State Construction Land Law
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