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Game In The Process Of Land Expropriation

Posted on:2014-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ZhangFull Text:PDF
GTID:2296330425478735Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Along with the development of economy, the fast speed of urbanization, land expropriation is more and more frequently, and more problems have also happened in the process. If we can’t deal with these problems properly, the state of sustainable development will inevitably be affected. In the process of land expropriation, firstly we need to face to is the conflict between the farmers and the government. The intensification of contradictions can be evolved into mass incidents at any time, and impacted the stability of the society. For this reason, how to achieve balanced from the process of land expropriation, how to achieve balanced between dealing with good urban development and maintaining land-lost farmers’ rights and interests, has become an urgent problem which need to solve quickly. In fact, the government and the farmers’behaviors which act in the process of land expropriation can be assume to the process of game playing, you can see that both sides bargain for their own maximize benefit. At the same time, it is worthy for us to notice that this kind of game playing is different from the game of the equality economic which one mainly show up in the market economy, it also has too much inequality between the government and the farmers.Therefore, we should pay more attention on maintaining the farmers’ rights and interests while we are talking about the game playing between the government and farmers.Except introduction and conclusion, this thesis is divided into four parts:In the first part of this thesis, it is lead to the point of land expropriation, introducing how a country collects the land and how the land-cost farmers can obtain compensation when land expropriation happens. Under the law conditions, the local government and land-lost farmers join into the game playing in order to maximize their own interests. This leads to the generation of game and show that the game playing is the phenomenon of objective existence. It also introduces the stakeholders who are involved in the land acquisition process, main including local government, land-lost farmers and the collective organization.The first part is the presentation of problems. Through the analysis of two specific cases, we can see the lack of filial piety and moral decay in the modern society, then I will make a comparison of the different way how ancient and modern law treat the cases and point out the problems of law in dealing with such cases:the tension between tradition and modernity;In the second part of this thesis, it describes the focus problems in the game playing process. The focus problems including three aspects:property right, system and the interests. The property right is the most important issue. The unclear China’s land property right leads to the land-lost peasants do not have the good legal protection in the game process. The unreasonable System settings lead to the peasants in the weak position in the game process, land-lost farmers are hard to compete with the powerful local government. The government uses the unclear public interest definition to expand the scope of land requisition. The compensation standard is too backward, and it can not be reasonable in distribution of interests too. In this case, there is no comprehensive maintenance for the land-lost farmers interests.In the third part of this thesis, it analyzes the game path, introducing the relationship and strategy choices between local government and land-lost farmers. The consultation and resist strategy of landless farmers is a helpless choice under weak position and a kind of strain under local government policy.In the fourth part of this thesis, it is a description of how to protect the land-lost peasants in the game process and improve the ability of land-lost peasants in the game playing. So we should focus on two of aspects. One is fully respect and protect the right to information of land-lost peasants. The other is fully perfect the benefit expression mechanism of land-lost peasants. Realization of the right to information not only can provide the game information for farmers, but also can enhance the communication between both sides.
Keywords/Search Tags:Land expropriation, Land-lost farmers, Rights, Game Playing, Benefit
PDF Full Text Request
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