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Land Tax Administrative Compensation

Author: ZhangXueBin
Tutor: HeYunPeng
School: Yanbian University
Course: Constitutional and Administrative Law
Keywords: Land expropriation Executive compensation Public welfare Standard
CLC: D922.3
Type: Master's thesis
Year: 2010
Downloads: 248
Quote: 3
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Abstract


With China's urbanization and industrialization process accelerated, leading to a sharp rise in the demand for land, the land of the basic factors of production more and more important role, but some places of farmland and even illegal land acquisition phenomenon of repeated, large consumption of the already scarce arable land resources. Especially because of the narrow scope of land expropriation and compensation, the compensation standard is too low, compensation and resettlement single crux of the problem of land acquisition, and become a major source of land disputes, seriously affecting social stability. The core issue of compensation for expropriation of land acquisition compensation standards, it plays an important role in land acquisition. As our policy is a public ownership of land, the land can not be used as the object of the transaction, only the land use rights paid transfer. Legal land acquisition compensation standards to specific plots the average per-mu yield value multiples to calculate the compensation expense does not reflect the potential benefits and use value of the land, did not consider the dual function of the land to the farmers bear the means of production and social security, but did not consider distortions in the prices of agricultural products and prices and other factors on the compensation. Low compensation standards, caused a lot of controversy and disputes, the petitions have occurred. If not promptly and properly handle, is bound to become the new destabilizing factors affect the overall situation of rural stability and development, and a serious block China's rural reform and modernization process is directly related to the smooth progress of building a harmonious society. Therefore, to seriously address the outstanding problems that exist in the current work of land acquisition compensation, especially from the scientific definition of public welfare, law reasonable assurance as to the land requisition compensation standards, and is conducive to the objective of safeguarding the fundamental interests of the landless farmers, urban and rural development, to maintain fair justice, promote social harmony is of great significance. In this paper, a public good definition of land compensation standards to be explored, first the basic theoretical issues related to land acquisition compensation standards are described, and then use the method of comparative analysis, foreign land acquisition compensation standard system for the current land expropriation Compensation Standard of lower status quo, through a series of research, pointed out that the problems of China's land expropriation standard analysis of the root causes of the current land acquisition compensation standards. Finally, land acquisition compensation theory, the theory of Marx's rent, land price theory, market price for land, with reference to foreign land acquisition and compensation measures, and to distinguish between public service and non-public service, multiple output \(e) the compensation ratio, the main recommendations to improve the land acquisition compensation standards: (a) the principle of compensation legalization; (b) compensation price of market: (c) compensation range magnify; (d) compensation forms; rationalized.

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