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China Rural Land Financial Legal Issues

Author: TanGuang
Tutor: PanShanBin
School: Guizhou University for Nationalities
Course: Economic Law
Keywords: Of agricultural land Agricultural land contract and management rights Agricultural land expropriation Financial Legal System
CLC: D922.32
Type: Master's thesis
Year: 2010
Downloads: 54
Quote: 0
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Abstract


Established in China since the reform and opening to the household contract responsibility system based, combines unified and separate two-tier system of agricultural operations. This operating system has wide adaptability and strong vitality, and promote the \But the twenty-first century, with China's industrialization and urbanization, large-scale population movements to promote the restructuring of rural society, this operating system is also facing many new challenges. First, the specific performance of the public authority on agricultural land resources against increasingly serious; second is the decline in agricultural production functions, increase social security functions; three agricultural development potential is clearly insufficient; urgently through the establishment of agricultural land transfer system to solve these problems. However, China's agricultural land transfer activities there are many problems. On the one hand, most of the area of ??agricultural land contractual management rights transfer is not active, is not standardized; other hand, in the process of government expropriation of agricultural land use land a monopolistic market dominance interests of farmers deprived of land, so that the interests of farmers suffer great damage. In this paper, the use of legal analysis, focusing the use of empirical analysis, conflict analysis, comparative analysis method and system analysis method of the above phenomena were studied and analyzed. That the root causes of these problems is that the first farmers' land property rights are incomplete, the second is the central and local financial asymmetry, three fiscal transfer payment is not balanced, four is the land of financial supervision is not in place. In summary, the circulation of agricultural land due to China's financial and legal construction lag, the impact of agricultural land transfer order. In this paper, learn from foreign advanced experience on the basis, through the empirical data for learning to understand the reading and analysis, that the country's agricultural land transfer dilemma, deep essence of agricultural land finance laws build issues, break the current agricultural land transfer obstacle is the fundamental way to build standardization of agricultural land transfer financial legal system. It should be noted, of agricultural land to build fiscal law is a systematic project, the degree of standardization and implementation of its effect by the impact of the country's overall financial system. Thus, on the one hand should solve agricultural land contract management rights transfer and agricultural land expropriation compensation and resettlement problems begin to develop a direct and specific agricultural land transfer financial legal system. On the other hand, it should improve the fiscal balance, transfer payments and other related financial supervision, supporting financial legal system.

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