摘要页

摘要

我国的土地征收制度多年来一直是个广受争议的话题。土地征收一般涉及人数多、金额巨大,因此既容易成为有权机关或负责人自肥的目标,也容易成为民怨的焦点。《中华人民共和国物权法》的出台,为我国公民确认财产、利用财产、保护财产以及调整财产关系提供了基本法律依据,也为土地征收制度提供了新的运行规则。本文以笔者对辽宁省朝阳市开发区吴家洼南村土地征收情况的调查为参考,从《物权法》对我国土地征收制度的规定出发,阐述以物权立法规范土地征收行为的制度价值,探讨我国公民物权保护意识现状,以分析当今中国土地征收制度的缺点和不足。并结合国内外土地征收实践的经验,在立法、执法、司法、守法过程中吸收进步的思想,从完善物权法、尊重保护物权的角度提出改革的对策。

关键词:物权法;土地征收;改革对策

ABSTRACT

China's levy of land system has been a widely controversial topic over the years. With large population and tremendous amount of money, it's easy to become the means to get additional revenue by governmental agency or people who are in power. What's more, it's also easy to become the focus of peple's complaint. The introduce of “People's Republic of China Property Law”provides our citizens with the basic legal basis for the recognition of property, use of property, protection of property and adjustments to property relation. It also gives the land acquisition system new operating rules.In this paper, with Chaoyang City, Liaoning Province, Wu Jiawa South zone land acquisition investigation as the reference, the author tells us the significance of regulating land acquisition in “Property Law”, and describes property rights protection awareness of our citizens today to find out the shortcomings and deficiencies in the system. It also takes experience of land acquisition practice at home and abroad as reference, and absorbs progressive idea in legislation, law enforcement, judicial, and law-abiding, so that we can get reform measures from the view of improving the property law, respecting property rights as well as proctecting property rights.

Key words: Property Law;Levy of Land;Reform Measures

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