연구 요약
연구 요지 (AI)
중국의 토지수용과 손실보상 제도를 한국·중국·일본 간 비교했다.
초록
영문초록:Since the establishment of diplomatic relations between Korea and China in 1992, the volume of trade and investment between the two countries has been rapidly increasing. However, the research on China's land system, which is essential to Korean businesses and individual investors, is far less than enough. In the domestic studies, even the basic data has not be collected on the land expropriation and compensation in China so far. This study tries to arrange systematically the basic materials on the land expropriation and compensation in China rather than to advance a new theory or bring into a new issue.
And then this dissertation analyzes the characteristics of the Chinese system compared with the Korean and Japanese systems. The land system of the present socialist countries can be classified into three categories : North Korean type, Russian type and Chinese type. China does not grant the ownership of land to individuals ; it authorizes the ownership only to the state and collective bodies. Individuals can be granted only the land use rights. Through the reformation of the land use rights, Chinese government monopolizes not only the land ownership but also the establishment of the land use rights.
Once land use right is given to some land, the land can be transacted lawfully in the market. Contrary to the general understanding that the land expropriation and compensation system do not exist in socialist countries, China has the laws concerning with the system. But the land expropriation and compensation system in China is much different from those of Korea and Japan. That is mainly because China has the socialist economic system while Korea and Japan have the capitalist system. China does not have reasonable land compensation principle, while most countries have just terms compensation principle when they expropriate some land for the public interest.
China has only some regulations stipulating that the acquiring authority must provide suitable compensation to the dispossed people, but it does not make it clear what suitable compensation is and how it should be decided. As the land is usually acquired by expropriation and(or) mutual consent in Korea and Japan, it is institutionalized for the land acquiring authority not to infringe on the rights of the dispossed people. But in China, land is acquired only by expropriation : land acquisition by mutual consent does not exist. Even though Korea and Japan have provisions to exclude betterment in compensation, actually they hardly recapture betterment.
On the contrary, China has been recapturing betterment thoroughly despite having no provisions to exclude betterment. In terms of the compensation pricing standard, China has different provisions between farmland and urban land. First of all, for arable land, the compensation is made of 6-10 times the average annual production value of the acquired land in the previous 3 years prior to the acquisition
발행 정보
2006. 建國大學校 大學院 국내박사 학위논문