| I. The purpose and significance of this thesisAlong with the economical development and urbanized advancement speeding up, more and more agriculture land needs to transform use for the construction.But with the acceleration of the process of land expropriation, the relationship between government and farmers grows tensional.In particular, the trend of masses petition caused by land expropriation is upwards, the paper based on the problems of land expropriation system, and give proposals for how to improve the land requisition compensation mechanism .Our country land expropriation system has formed in the planned economy time ; it has made the significant contribution for the national economic construction since the founding of our country.But along with the market economy consummated gradually, the flaw of present expropriation system appears day by day:first,land expropriation did not reflect"public interest"need. China's"constitution",and"Land Management Law"stipulates:"For the needs of public interest ,The State can expropriate the land and give compensation according to the law".But laws and regulations didn't further clearly define the scope and standards of the"public interest". To some extent led to the abuse of land expropriation power. In reality, the purpose of land expropriation not only limited to"public interest", but also has expanded to business interests and the interests of individuals, All units and individuals are eligible to apply for land expropriation by the state to meet their demands.Second, expropriation compensation issues. Land expropriation is the way of government to acquire peasants'land by enforcement.In this process, the transfer of land rights is not a market behavior, but an administrative act. At this time farmers collective ownership is not a performance for the full ownership, the right of return to be weakened.II. Main content of this thesisThis paper is divided into five chapters. Chapter 1 introduces the state of land acquisition system and the compensation system at home and abroad , and Raised that we must built the system of land expropriation compensation which can control the scale of land requisition to protect the rights and interests of farmers.Chapter 2 is divided into three sections, expounded the Urgency and necessity of Perfecting our land requisition compensation system .Chapter 3 is divided into four sections,this is the theoretical basis.By following introducing land property rights theory; Marx's theory of rent premium; land expropriation compensation system ; Land expropriation compensation principles.Noting that land expropriation compensation and the level of economic development are closely related. on the whole trend of world development , the farmers can acquir more complete compensation.Chapter 4 is divided into four sections.Mainly study abroad (including Europe,the United States and Asian countries) and China's land expropriation compensation system. summing up the differences between various countries and China on land expropriation compensation.Chapter 5 is divided into three sections, introducing the status of Chengdu land compensation compensation and problems, explored the meaning of reasonable compensation and reasonable compensation to the scope and standards, providing the recommendations for perfecting the land requisition compensation mechanism from five aspects.III. The viewpoint and innovation of this thesisInnovations of the paper : (1) through the analysis of legal framework of land expropriation,raising that the current scope of land expropriation was too broad, "public purpose" should be strictly definited.(2) deepening of collective land ownership system reform, and clarity of rural land ownership, so as to protect the legitimate rights and interests of landless farmers, and promoting rural economic development and social stability. |
PDF Full Text Request