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Legal analysis of our farmers collectively owned land requisition system

Author: BiMingZhi
Tutor: LiMingFa
School: Anhui University
Course: Economic Law
Keywords: collective ownership of farmers land expropriation law problems countermeasures
CLC: D922.3
Type: Master's thesis
Year: 2005
Downloads: 242
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Abstract

Starting with the history background of the land expropriation system practiced in our country, and following the development path of the system up to the present situation of the expropriation of the land owned collectively by farmers, this article analyzes the content of land expropriation law system in different periods, and summarizes its features during various historical stages, including the current situation. The author believes that our present collectively-owned land expropriation system descends historically from the land expropriation system constituted right after the foundation of our country, and only by taking this idea as a starting point to analysis and investigation, can we put forward scientific and practical advices to our future land expropriation reform and legislation.After making a Comprehensive survey of the development and the current situation of the land expropriation system, we can find it self-evident that our land expropriation principle, though existing for a long time, is only a revised and supplemented version of the outdated rules, so it has to accommodate to the original system, especially in the legislation form. And also, the original land expropriation system was constituted in the planning economy, but the revised land expropriation principle still can’t make any breakthrough. First, our land expropriation, not complying with international convention, hasn’t been formulated as a restriction system of the basic civil rights in the property law. Instead, it is defined as a right to land allotment by administrative means. Second, land expropriation is not conducted according to market economy and the expropriated land can’t be compensated according its real value, which is surely an encroachment of the land owner’s interests. Therefore, our present land expropriation practice has already taken its primary form, but is still far from achieving the fundamental legislation aim of allotting resources effectively by marketing means and improving the land utilization efficiency. Third, land expropriation practice is not based on rules, and is not restricted and supervised by law.Jn addition, this article discusses and analyzes the problems arising in the current expropriation of the land owned collectively by farmers, and summarizes the major problems as the following. First, the relevant legislation hasn’t formulated the strict definition to the requisition of land that will be used for public interests. Second, the current land expropriation rules have no universal or specific regulation on the land ownership and other rights based on the land. Third, the compensation stipulation needs improving, and many problems have arisen, and the division of the compensation between the collectivity and the individual farmers is not quite reasonable, and the management of the compensation is not properly supervised. Fourth, there are not detailed rules on removal and relocation issues. Fifth, the regulation on supervision, relief, responsibility and procedure during the land expropriation practice needs improvement too.At last, the author proposes some countermeasures and advice on legislation to cope with the problems in the land expropriation practice. First of all, the decision, objective and principle during the process of land expropriation needs reforming and improving, and it should be clarified that the key to such reform and improvement is to build regulation organism to balance the interests of all parties involved. Besides, the legal foundation should be laid for land expropriation practice, and it should strictly define the expropriated land should be used only for public interests. Moreover, the compensation for expropriated land needs specific legal support, and the proper relocation should be guaranteed in a legal form. At last, the land expropriation procedure should be regulated and supervised, and special rules should be formulated on relief administration after land expropriation.

Legal analysis of our farmers collectively owned land requisition system

Abstract

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