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On the Improvement of Chinese Compensation System for Land Expropriation

Author: BanYan
Tutor: LuWeiMing
School: Southwest University of Political Science
Course: Administrative Law and Constitutional Law
Keywords: Land expropriation Compensation Landless peasants Legal System
CLC: D922.3
Type: Master's thesis
Year: 2010
Downloads: 438
Quote: 2
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Abstract

With the current China's industrialization and urbanization process accelerated, a growing collection of land for construction of rural land, the main way to expand the size of cities. However, in the process of development and utilization of land, public and private interest, such as public and private rights of contradictions and conflicts, the performance was very intense. As China's current land expropriation legal system is imperfect, to some extent caused by abuse of the right of land expropriation, land rights legal rights are infringed, there were many farmers around the petition, litigation, mass emergencies, the number remains high, affect social stability and unity. In this thesis, through in-depth study of China's land expropriation main aspects and features of, in particular, focus on analysis of land expropriation compensation system defects and deficiencies, explore its advantages and disadvantages, and future trends, combined with China's national conditions designed for solving caused due to land acquisition loss of land resources, unequal distribution of wealth in society, groups of landless peasants and other issues visit downtown make constructive comments and suggestions. Widespread concern by the community as a realistic and urgent task, the paper set up the build with Chinese characteristics, land expropriation, to fully protect the legitimate rights and interests of landless peasants, protection and rational use of land resources, the promotion of sustainable development has important theoretical and practical significance. To take full advantage of the economic and social benefits of land resources, to solve the problems caused by land acquisition, the paper cited China from a realistic starting land acquisition cases, which leads on China's land expropriation compensation system, reflecting China's land Expropriation institutional and legislative aspects of defects and deficiencies, mainly: the calculation of compensation in accordance with the annual output value standard is unreasonable, not yet developed rural house demolition compensation standard is difficult to obtain compensation for indirect losses, than a single way of monetary compensation, the compensation income subject is not clear and other issues. The article also based on the actual situation in China, combined with foreign practices and the different views that exist today on China's current land expropriation legal system limitations and is able to complete a thorough study of the spatial theory with practice started to explore, especially for land contracting and management the right to compensation for loss, resettlement of landless farmers and social security and certainty compensation payment and other aspects of the object empirical research. At the same time learn from the successful practices and relevant examples to provide comprehensive Chinese land expropriation compensation system path selection, propose workable legislative proposals, such as the principle of compensation made on clear, in accordance with the market price set compensation standards, to expand the scope of compensation, increased compensation clear compensation income subject to establish land acquisition system, and so the legislative proposal in order to better serve today's land expropriation problem solving ideas.

On the Improvement of Chinese Compensation System for Land Expropriation

Abstract

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