2007Unpublished venueRequires access

On Issues of Land Expropriation

WU Xiang-chen

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Abstract

Because of the particularity of the land,the system of land expropriation is most important for the peasants and the nation.The peasants focus on the 42th article of 'The Property Law of PRC',which is about land expropriation.At the same time,the academic world heatedly discuss the issue.The provision demonstrates and continues the spirit of the system of land expropriation in Constitutional Amendments in 2004.But the hotspots that are concerning the public interests——the definition of public interests,the procedure of land expropriation,the body of compensation are not definited.This paper adopts the method of enumeration and elimination to definite the public interest,consummates the procedure of land acquisition and takes the individual peasant as the body of compensation.Only by the methods can we protect the interests of peasants.

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What this paper is about

Because of the particularity of the land,the system of land expropriation is most important for the peasants and the nation.The peasants focus on the 42th article of 'The Property Law of PRC',which is about land expropriation.At the same time,the academic world heatedly discuss the issue.The provision demonstrates and continues the spirit of the system of land expropriation in Constitutional Amendments in 2004.But the hotspots that are concerning the public interests——the definition of public interests,the procedure of land expropriation,the body of compensation are not definited.This paper adopts the method of enumeration and elimination to definite the public interest,consummates the procedure of land acquisition and takes the individual peasant as the body of compensation.Only by the methods can we protect the interests of peasants.

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Available abstract

Because of the particularity of the land,the system of land expropriation is most important for the peasants and the nation.The peasants focus on the 42th article of 'The Property Law of PRC',which is about land expropriation.At the same time,the academic world heatedly discuss the issue.The provision demonstrates and continues the spirit of the system of land expropriation in Constitutional Amendments in 2004.But the hotspots that are concerning the public interests——the definition of public interests,the procedure of land expropriation,the body of compensation are not definited.This paper adopts the method of enumeration and elimination to definite the public interest,consummates the procedure of land acquisition and takes the individual peasant as the body of compensation.Only by the methods can we protect the interests of peasants.

Key concepts: Expropriation, Peasant, Compensation (psychology), Law, Public interest, Public use, Law and economics, Business

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