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The Distribution of Land Expropriation Compensation of Our Country

Author: YangLiuQing
Tutor: XiaoWeiZhi
School: Xiangtan University
Course: Legal
Keywords: Land expropriation Land Expropriation Compensation Allocation of land expropriation compensation
CLC: D922.3
Type: Master's thesis
Year: 2009
Downloads: 164
Quote: 1
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Abstract


Increasingly frequent in the largest economy in the context of accelerated urbanization and industrialization process, the use of state-owned land to expand the scope of land expropriation. Meanwhile, a large number of land acquisition compensation disputes emerged. Important as land expropriation, land expropriation and compensation cost allocation system to the key villagers share the the ultimate collective land revenue system design. It can be said that the land acquisition compensation cost allocation is the most important land expropriation, and also solve the land acquisition compensation disputes lies. However, in our existing legal framework, because of the lack of legal or general land expropriation and compensation, and the nature of land expropriation and compensation costs is not clear, participate in the main qualifications of land expropriation and compensation cost allocation issues unresolved, the allocation of the cost of land acquisition compensation standard too principle and allocation procedures, rigidity and dispute resolution procedures over a single, resulting flock to the courts of such disputes is difficult to get a more unified or satisfactorily resolved, legal and social effects are not ideal. In this paper, by analyzing our existing land expropriation law, the allocation of land expropriation and compensation costs. The land expropriation mandatory invasive decided statutory land expropriation compensation, necessity and protection. The particularity of China's land expropriation the Total land expropriation and compensation costs. Main eligibility to participate in the distribution of land expropriation and compensation costs, and participate in the distribution of the main members of the class can not be simply equated with the body includes not only involved in the distribution of the collective members, including non-members of the class. Clear collective membership of great significance to solve the main problems in the distribution of land expropriation compensation. Participate in the distribution of the main eligibility determination required to meet the three conditions, namely, first, with the collective economic organization household registration; productive labor in the collective organization contracted land; Third, to fulfill the obligations of the Members of the collective organization, enjoy the collective organization members rights. Should also be considered in the main qualification issues, exceptions and special circumstances. Land expropriation and compensation standards and criteria for allocation of land acquisition compensation fee differences, land acquisition compensation standard is mainly related to the relationship between the government and the collective; land acquisition compensation fee allocation criteria crux of the matter is that the distribution ratio between the collective and the members. The distinction between the two but in close contact. Distribution of existing laws on land expropriation compensation program does not make specific provisions should refine operability. Deficiencies in our current land expropriation and compensation cost allocation disputes settlement procedures and inadequate, mainly in single channels for relief and the relief program is easy to cast doubts; disputes the nature of the relationship between administrative relief and civil remedies clearly identify the cause shear constantly and chaotic; judicial relief hearing difficult, difficulty in enforcement, interference. Land expropriation compensation cost allocation dispute resolution should be to build a diversified program.

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