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China's Current Agricultural Land Expropriation Compensation System And Its

Posted on:2014-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:M L ChenFull Text:PDF
GTID:2266330425456451Subject:Law
Abstract/Summary:PDF Full Text Request
China’s current rural land expropriation compensation system originates from triditional planned economy. However, disadvantages such as deficiencies in compensation principles, compensation scope, compensation standards, compensation forms and compensation procedures of it appear to us with the establishment and improvement of the socialist market economic system. All of the problems require us to study and improve the system, so we could solve these problems through law-makings and system improvements. In order to alleviate the current contradictions, legislative branch had modified relative articles in constitution. In our counry, Fourth Amendment of Constitution had passed in the second session of the tenth National People’s Congress. In the amendment, the original provision about rural land expropriation "for the public benefits, governments have the power to expropriate land according to the correlative law" had revised to "for the public benefits, governments have the power to expropriate land according to the law and give people compensation". But, the rules about rural land expropriation compensation are too simple, we don’t have specific standards to identify what is "public benefits". Also, there are obvious defects on compensation range, compensation standards and compensation form in Land Administration Law and its relevant administrative regulations.Rural land expropriation compensation system is significant. On the one hand, it could balance the conflict between governments and landless farmers; on the other hand, it is helpful to protect landless farmers and build a harmonious society. The author wants to do a in-depth research on current rural land expropriation compensation system in order to analyzes problems of it and puts forward countermeasures accordingly. There are four parts in this paper.The first part is introduction including the background, literature review and significance of the topic.The second part focuses on the general theory of rural land expropriation compensation system and sum up historical evolution of it in our cuntry. By defining the relevant concepts such as "rural land expropriation","landless farmer" and "rural land expropriation compensation", analyzing the relevant academic theories comparatively, we know the legislative process of rural land expropriation compensation system very clearly.The third part focuses on the deficiencies of China’s current rural land expropriation compensation system including compensation principles, compensation scope, compensation standards, compensation form, compensation procedures and compensation relief system.The last part is about suggestions and measures of building a sound system of land expropriation compensation. All the suggestions and measures are law-makings, clarification of compensation principles, raise of compensation standards, expansion of compensation range, enrichment of compensation form, completion of compensation procedures and improvement of compensation relief system.
Keywords/Search Tags:Rural Land Expropriation, Compensation System, Deficiencies, Improvements
PDF Full Text Request
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