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Research about Compensation Standard and Regulations for Rural Land Confiscation

Author: ShaoLiu
Tutor: FuZuo
School: Jilin University
Course: Civil and Commercial Law
Keywords: rural land confiscation compensation checking and reviewing lawmaking suggestion
CLC: D922.32
Type: Master's thesis
Year: 2008
Downloads: 297
Quote: 1
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Abstract


As an agriculture country with the largest population in the world, land plays a vital role in farmers’interests as well as our country’s development. In present age, agriculture, rural area, and farms are the problems we are facing , however, tIn recent years compensation of rural land confiscation has become one of the heated difficulty issues, which attract more and more cares. The issue has much to do with peasants’interests. Confiscation is a decreed action for the interests of the public, in accordance with legal procedure and approval authority, through which the government can transform the land into state owned land after having lawfully compensated the confiscated owner. Reasonable compensation is one of the important components of land confiscation. Rural land confiscation of our country is one of the legal functions of land management shouldered by the government, which is absolutely independent from the land ownership. It is set up in a special condition.“The land confiscation”and“the confiscation laws and regulations”are quite different two concepts. The former is a kind of action that transforms the land ownership in according to the lawful procedures, but the latter is a kind of standards which adjust the action. Exercise of authority of land confiscation definitely causes the transferring of land ownership. Rules of rural land confiscation of our country are mainly regulated by the constitution, the law of land management and some regulations given by the state council. After the inspection the course of change and development of compensation institutions of our rural land confiscation after 1949,gradually perfection and standardization can be found. But when reviewing the current situation of our rural land confiscation compensations and the concerning disputes, we can find that the system still exists many defects, which includes unreasonable standard of compensation, unclear compensated subject, unclear compensational types, and imperfect compensation procedure, etc. Based on checking and reviewing of the above contents, the author renders some law making suggestions on how to perfect the institutions of rural land confiscation compensation. Principle of reasonable compensation should become one of the main principles of our rural land confiscation compensation. Collective land ownership, rights of contracting management of land, rights of utilization of housing land and right of land rent should be regulated as right objects of rural land confiscation compensation, as well as the subject of each right. Standard of compensation should be scientifically and reasonably formulated by entrusting intermediary to evaluate land value and upgrade the current compensation standard properly. Right of land development should be regulated so as to protect the collective rights of development of the confiscated peasants. Compensation procedures should be normalized by means of clarifying mutual consultation, preliminary compensation and judicial relief, etc. Rigid supervision procedure also should be established to prevent conversion and misappropriate of compensation fund belonging to the confiscated peasants. Practices such as reserved rural land of Shanghai and Jiangsu, foundation of confiscated peasants have showed us good examples of social security modes established for the confiscated peasants. By the end, the article also notes that fundamental solution of issue of rural land confiscation compensation relies much on further reform of our system of collective land ownership, which means collectively owned land can be transferred in the primary land market.

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