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The Research of Farmers’ Rights Protection in the Land Expropriatin System

Author: WangHongJu
Tutor: RenYue
School: Shantou University
Course: Administration
Keywords: Land expropriation Farmers’rights Public interest Compensation and resettlement Procedure Remedy
CLC: D922.3
Type: Master's thesis
Year: 2011
Downloads: 98
Quote: 0
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Abstract


With the acceleration of urbanization process, a large number of rural collective lands are expropriated for the construction of public interest. But in the process, land expropriation system shows various defects and shortcomings. It formed in the era of planned economy and has been used until now. Even though it have been modified and adjusted to improve continuously, there are also many problems as far as substantive and procedural aspects are concerned. In actual operation, this system has caused many contradictions and conflicts, such as vaguely defined public interest, the low compensation standard, irregular collection procedures and so on. It leads to the fact that farmers’ rights and interests are infringed upon, landless farmers’living standard is not guaranteed. It affects the economic development and social stability. Thus the improvement of land expropriation system is of great theoretical and practical significance.This study focuses on the analysis of the current land expropriation system in China’s rural system and its related policies and theories. Through a field investigation and analysis on the land expropriation status in Jixian, Tianjin, this study attempts to find an appropriate way at institutional level, coupled with an empirical research, to improve the current land expropriation system and provide guidance for a smooth process of the land expropriation in order to protect farmers’ rights and interests. Through a comparative analysis on the land expropriation status and features of some selected countries and regions, this study summarizes some of the successful experiences that can be applied to the situation in China. Finally, it explores the underlying reasons of the defects in the land expropriation formation, mainly from the definition of public interests, the government behavior and regulations, requisition procedures, reasonable and perfect land expropriation compensation and resettlement, dispute relief mechanisms, etc. This study has proposed a series of measures and recommendations, so as to perfect our land expropriation system and guarantee the benefits of the farmers.

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