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On the improvement of China 's land expropriation program

Author: ZhangTong
Tutor: ChenHan
School: China University of Political Science
Course: Legal
Keywords: Land expropriation Public interest Land acquisition program Land acquisition procedures
CLC: D922.3
Type: Master's thesis
Year: 2011
Downloads: 134
Quote: 0
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Abstract


China's land expropriation system in the planned economy period, so the corresponding land acquisition program with a strong government management features. However, with the establishment and development of the socialist market economic system, as well as countries of the socialist legal system, the existing land acquisition program designed imperfect collection process is opaque, not clear right to relief began to reveal, resulting in land expropriation rights practice exercise increasingly random, there is a lot of collective land expropriation for non-agricultural construction. Therefore, to further improve the existing land acquisition procedures have a very strong reality and urgency, especially with the promulgation of the Property Law of the People's Republic of China \twelve dedicated land acquisition program explicitly requested that \However, the relevant provisions of the Property Law is more principle, which is also reserved to the actual operation of the local government greater discretion and continue to refine the space, for example: The construction project is how to determine whether the public interest areas should be levied informed rights and how to protect the right to participate, in addition to the administrative reconsideration which relief ways should be included in the expropriation procedure, and so on. These issues need to be further research and discussion. For this reason, on the basis of the land acquisition program for the study, the typical country on land acquisition program theories and practices for collecting and sorting, to further clarify the main problems facing China's land expropriation program and targeted to put forward a sound and recommendations for improvement. The text is divided into four chapters. First chapter, the system of land expropriation and land acquisition program. General steps on the system of land expropriation in the public interest theory, the theory of reasonable compensation for land expropriation procedures were briefly discussed. The second chapter, typical national land expropriation program overview. Mainly to Japan, the United States, the land acquisition program in Germany a brief introduction, and for China Assimilating summarized and analyzed. Chapter 3, China's land acquisition program and its flaws. Current land expropriation program of the sort, and previous theoretical and learn the basis of the specific aspects that need to be improved. Chapter 4, the improvement of the land expropriation procedures recommended. Three aspects of the improvement of China's land expropriation program from the establishment of the censorship of the public interest, increase be levied participation, improve the relevant relief channels to be addressed.

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