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Legal Analysis to Some Problems in the System of Land Expropriation in China

Author: WangQingSong
Tutor: XiaoBeiGeng
School: Hunan Normal University
Course: Legal Theory
Keywords: Land expropriation Public interest Land property rights Compensate
CLC: D922.3
Type: Master's thesis
Year: 2004
Downloads: 298
Quote: 5
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Abstract


Land expropriation is an act of the state in the public interest to compulsorily acquire other civil subject land and give compensation . In China, it mainly refers to the country in order to the public interest requires the collective land to the administrative acts of state - owned land . Of land expropriation system generated in the planned economy period , in the case of many conditions change , the land requisition system still remained of the original approach , so in a lot of problems in land acquisition , land expropriation and this gives practice bring many practical problems , the land expropriation certain legal issues deeper reason : the purpose of acquiring land that the public interest element of the dummy ; land acquisition compensation missing ; land acquisition program is not strict ; land expropriation unknown object that the property rights . Therefore , defects and reasons for the presence of China 's land expropriation system , learn from foreign countries and regions, land expropriation and the revelation of the enactment of legislation , we propose the following reform ideas : the strict boundaries of the public interest , and narrowing the scope of land requisition ; clear property rights ; establish a scientific land expropriation compensation method , the land expropriation compensation in accordance with the market price ; to take diverse land compensation for the different needs of landless main ; developing a special land Acquisition Act , fundamentally reform of land expropriation regime. Above legislative measures , to improve China 's land expropriation system .

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