Dissertation > Excellent graduate degree dissertation topics show

Constitutional protection of land rights

Author: RuanSongTao
Tutor: ZhangLvHao
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Land Right Constitution Protection
CLC:
Type: Master's thesis
Year: 2010
Downloads: 229
Quote: 0
Read: Download Dissertation

Abstract

This paper discusses the constitutional land rights issue, select dissertation topics as I am from the long-term concern of the land issue . Land system is related to the success of a country's economic and social life of the system stability , the land is one of the three factors of production , for the basic needs of survival and development of human dependence on the land is self-evident . Based on that, academia has never ignored the theoretical research on land issues . From the new-democratic revolution expropriation of the landlords to landless , small farmers to cultivate the land after the founding of the Agricultural Cooperative Movement , China's land system replacement in the short history has undergone drastic changes and profound impact on modern Chinese history. To this end , scholars from different perspective on this system changes , trying to reveal the general rules behind the system , and achieved remarkable results positive , but it is somewhat regrettable that the land issue has yet to lead to a modest concern constitutional scholars . In recent years , as China's urbanization process moves forward , violent demolitions , illegal enclosure epitomized the contradiction between people and other related problems exposed, local governments involved in a serious violation of improper citizens' personal rights, property rights , resulting in a right sharp confrontation with the power to inspire a serious social conflicts. Various disciplines has conducted some analysis and demonstration , but rarely effective move. Protection of rights is the essence of modern constitutions , constitutional concerns fundamental human rights , the land is the property of the original human form , shortage of resources and non-renewable circumstances, the Constitution should reflect on human rights in the land of respect . This is the significance of this problem lies. This paper attempts to constitutional point of view, the use of modern constitutional separation of powers theory, social contract theory , principles and rights are reserved principles of limited government , mainly from the social and economic rights of the land to discuss constitutional protection of the rights of citizens . Text structure is divided into seven parts , in addition to the introduction and conclusion , the text broadly showed the following argumentation : The first chapter demonstrated the property of land property , as a constitutional protection of the rights of citizens cut the land , focusing on land rights in property argumentation protection of the rights of legitimacy and legality , the second chapter analyzes the framed our Constitution land property rights system, through the various branches of law land rights of citizens of the specific formulation , analysis of this system, the institutional lack of property rights in Chapter III the most important issues of ownership and right to use the land for further analysis of the existing system of rights theoretical Roots of the dual structure , leads to the protection of private rights of land and land the social security function ( or public interest ) the contradiction between the current theory existence of a representative community views were criticized , according to constitutional principles , the initial design of the system put forward a comprehensive initiative , the fourth chapter focuses on analysis of the dual structure of public authority under the concentrated reflection of the land rights of citizens against the two aspects, house demolition , land expropriation constitutional substance were determined by analysis of the theoretical roots of power abuse , the fifth chapter is mainly based on the contents of the first four parts and I argued for a rough understanding of land issues , initially proposed constitutional system of binary perfect ownership ideas and initiatives , trying to protect the land rights of citizens , to resolve social conflicts . This paper focuses on the theoretical analysis of argumentation method , a simple application of the system analysis, comparative analysis, historical analysis and other research methods , as a vivid case in real life , can really play a good demonstration effect, but because of its occupation of space too large , and mostly familiar to everyone, and therefore outside the text repeat.

Constitutional protection of land rights

Abstract

Related Dissertations