@article{ART001317899},
author={Sungyeon Lee},
title={Loss Compensation Issue under Land Expropriation of China},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={43},
number={2},
pages={145-166}
TY - JOUR
AU - Sungyeon Lee
TI - Loss Compensation Issue under Land Expropriation of China
JO - Public Land Law Review
PY - 2009
VL - 43
IS - 2
PB - Korean Public Land Law Association
SP - 145
EP - 166
SN - 1226-251X
AB - Protecting the freedom and property right of the people in modern constitutional state is an important goal where the country exists. To exercise the right of eminent domain imposes a special sacrifice on people who is levied a land. So the country must reasonably compensate for economical loss caused by land expropriation. We need reasonable compensation for protecting property right of the people and easily performing land expropriation.
Since china reform and open policy, social economy development and urbanized advancement acceleration, the rural collective land has become the main way for expanding the building site and the city scale. Under this process the rural collective land is widely expropriated, as a result so many farmer lost theirs farmland. “2005: Analysis and Forecast of China's Social Situation” written by the group of Analysis and Forecast of Social Situation from the Chinese Academy of Social Sciences thought among china's facing social problems land expropriation issues take the premier place. There have been 40 millions farmers lost farmland and several millions increase every year. Also more than 65% of national rural group incidents were caused by land expropriation.
The reason land expropriation issues take the main problem in china society just is an illogical compensation system of land expropriation. This system had formed in the time of planned economy, thus there are many problems: low standard of compensation; narrow the scope of compensation; inflexible manner of compensation; illogical principle of compensation; compensation process and judicial relief is imperfect.
The land expropriation arrogate property right which is the direct object and inflict indirect loss which caused by land expropriation. thus through improving compensation system of land can prevent from caused by land expropriation process, and can protect the lawful rights and interests of farmer.
KW - 토지징수(land expropriation);손실보상(loss compensation);보상제도(compensation system);농민집체토지(rural collective land);제도개선(system improvement)
DO -
UR -
ER -
Sungyeon Lee. (2009). Loss Compensation Issue under Land Expropriation of China. Public Land Law Review, 43(2), 145-166.
Sungyeon Lee. 2009, "Loss Compensation Issue under Land Expropriation of China", Public Land Law Review, vol.43, no.2 pp.145-166.
Sungyeon Lee "Loss Compensation Issue under Land Expropriation of China" Public Land Law Review 43.2 pp.145-166 (2009) : 145.
Sungyeon Lee. Loss Compensation Issue under Land Expropriation of China. 2009; 43(2), 145-166.
Sungyeon Lee. "Loss Compensation Issue under Land Expropriation of China" Public Land Law Review 43, no.2 (2009) : 145-166.
Sungyeon Lee. Loss Compensation Issue under Land Expropriation of China. Public Land Law Review, 43(2), 145-166.
Sungyeon Lee. Loss Compensation Issue under Land Expropriation of China. Public Land Law Review. 2009; 43(2) 145-166.
Sungyeon Lee. Loss Compensation Issue under Land Expropriation of China. 2009; 43(2), 145-166.
Sungyeon Lee. "Loss Compensation Issue under Land Expropriation of China" Public Land Law Review 43, no.2 (2009) : 145-166.
