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Research into China’s Land Expropriation System and Right and Interest Guarantee for Landless Peasant
Author: LiSanHui
Tutor: LeiZhenYang
School: Central South University for Nationalities
Course: Legal Theory
Keywords: Land expropriation Landless peasant Right and interest guarantee Zhushadong Village
CLC: F301
Type: Master's thesis
Year: 2011
Downloads: 87
Quote: 0
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Abstract
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China’s land expropriation have been developed in the large background of the country’s industrialization and urbanization. In the particular historical period, this system played an important and positive role in meeting the needs of national construction sites and promoting the realization of public interests. However, by history and tradition, our country has long been stressed national interests and collective interests, ignoring personal interests, leading to abuse land acquisition rights. In the land acquisition and compensation, the compensation is too narrow, the compensation standard is unreasonable, the compensation procedures is not perfect, leading to the rights of landless peasants are not effectively protected.In land acquisition, the protection of land rights of farmers is not only a protection of property rights, but also a matter of party leadership and social stability. If we can not correctly deal with and effectively solve the problem, whether building a harmonious society or building a new socialist countryside will be just an empty talk. Therefore, to study China’s land expropriation system is undoubtedly of great theoretical significance and practical value on maintaining the overall situation of national reform and development and promoting rapid and stable economic and social development.In this article, land acquisition and protection of rights and interests of landless peasants is an entry point. On the basis of the case study about Pingdingshan Zhushadong Village, through the sort of the basic theory and the comparison of foreign and Taiwan of China on land acquisition system, we can have a comprehensive grasp of the system of land expropriation in China and find the problems about it, and ultimately find a road that not only adapt our economic and social development, but also can safeguard the interests of landless peasants. The article is divided into five parts. The first part is an overview of China’s land expropriation system, analyzing the concept and the basic legal characteristics of land expropriation, and summarizing land expropriation since the founding of the evolution of the legal system in China. The second part are investigation and analysis about land acquisition and farmers rights protection of pingdingshan zhushadong Village. The third part is about the problems of China’s land expropriation system from the case of Pingdingshan Zhushadong Village. The fourth part is a comparative study on land acquisition system of America, England, German,Japan, Singapore and Taiwan of China as well as illustrating the useful insights. The fifth part are countermeasures and suggestions about reforming our system of land acquisition to protect the rights of landless peasants.
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